Harris v. Missouri-Kansas-Texas R.

BUCK, J,

Mrs. Eula Harris, administra-trix, sued the Missouri-Kansas-Texas Bail-road Company of Texas, for damages for the death of her husband, Jesse J. Harris. Plaintiff alleged, and the evidence showed, that the railroad maintained, about 4 miles west of Gainesville, a spur track leading from its main line in a southwesterly direction towards a gravel pit operated by McDaniel Bros. The gravel pit was owned by a corporation in which the McDaniel Bros, were interested. The spur, shortly after leaving 'the main line, parted 'at a switch and ran as two nearly parallel tracks for several hundred…