Ortiz v. American Railroad Co.

Mr. Justice be Jesús

delivered tlie opinion of the court..Dámaso Ortiz, a twolve-vear old boy, was run over by one of the trains of the appellant on May 5, 1938, between 7:30 and 8 p. m., near Desvío Ferri in the ward of Machuelo Grande, Ponce. Several hours later, lie died as a consequence of the injuries received. On May 5, 1939, his mother, the appellee, filed a complaint to recover the damages she alleged she suffered by reason of the death of said minor, basing her cause of action on the allegation which, as appears from the second amended complaint, can be thus summarized:

That the…