Gulf, Colorado & Santa Fe Railway Co. v. Younger

FISHER, Chief Justice.

The court below in effect charged the jury, that if the appellant by its servants could, by the exercise of care, prudence, and watchfulness on their part, have seen the peril and danger in which the deceased, Mrs. Younger, was placed, and after so seeing could, by the exercise of proper care and caution, have avoided the collision by which she was killed, then to find for the plaintiff. The objection to this charge is, that there is no pleading upon which it is based. It is true that the petition alleges that the collision resulting in the death of Mrs. Younger was…