San Antonio & Aransas Pass Railway Co. v. Bennett

ACKER, Presiding Judge.

Katie J. Bennett brought this suit against the San Antonio & Aransas Pass Railway Company to recover damages for the death of her husband, G-. H. Bennett, who was killed by being run over by defendant's cars on the 11th day of August, 1887, while in the service of defendant as a brake man.

The petition alleged that the death was occasioned by the gross negligence of defendant, its employes, and agents in allowing a hole, ditch, or trench to be along its track that caused the death; that defendant knew, or ought to have known, of said hole, ditch, or trench, and that…