Sabine & East Texas Railway Co. v. Hanks

Gaines, Associate Justice.—

The appellee brought this suit to recover of appellant damages for the death of his minor son, alleging that the death was caused by the gross negligence of the servants of the railway company. The court in its charge defined ordinary negligence, and instructed the jury in effect that if the death of the child “could have-been prevented by ordinary diligence and care,” or “if appellant’s servants knew or might have known by the use of ordinary care and diligence that the child was in danger of being run over or injured by the train and they failed to exercise the…