Missouri, Kansas & Texas Railway Co. v. Nesbit

GILL, Associate Justice.

On May 28, 1903, at Willard, in Trinity County, Texas, Marvin A. Besbit, a boy about four years of age, was struck and injured by an engine of appellant pulling a passenger train at a public road crossing, and to recover damages therefor this suit was instituted in his behalf by his father, as next friend. The negligence alleged against the defendant was, first, a failure of its employes in charge of the engine to keep proper lookout and discover plaintiff in time to avoid the accident; and, second, that the plaintiff had in its employ in charge of said engine an…