W. M. W. N.W. Ry. Co. v. Duncan

Mrs. M.J. Duncan, as surviving wife of Frank Duncan, and as next friend of their four minor children, sued the plaintiff in error to recover damages for the death of Frank Duncan, alleged to have been caused by the negligence of the plaintiff in error. A trial before a jury resulted in a verdict and judgment for $6000 in favor of the defendants in error, which judgment was affirmed by the Court of Civil Appeals.

From the statement made by the Court of Civil Appeals we deduce the following as the facts pertinent to the issues presented in this court:

The plaintiff in error, a corporation created…