Houston E. & W. T. Ry. Co. v. Lord

Appellees instituted this suit to recover of appellant damages for the death of their minor son, who, while sitting on one of appellant’s railroad tracks, was run over and killed by one of appellant’s trains. Appellees alleged that appellant’s servants were negligent in not discovering the deceased in time to avoid injuring him, and they also raise, by their pleadings, the issue of discovered peril against appellant. Appellant’s answer was ■ by exceptions, a general denial, and special pleas of contributory negligence. On a trial to a jury, judgment was entered for $2,500.

The deceased was…