Railway Companies v. Foster

On August 2, 1888, David Foster, ,a colored man about seventy years of age, wliile walking upon the railroad track about one mile south of Newborn, Tennessee, was overtaken by a freight - train, struck by the locomotive and so ■severely injured that he died within an hour.

Eliza Foster, his widow,' having first taken out letters of administration .on his estate, brought this *673action against the plaintiffs in error, claiming $10,-000 damages. She obtained a judgment for $300, and the defendants below have appealed in error.

Appellants assign error (1) on the original charge of the trial Judge;…