East Line & Red River Railway Co. v. Culberson

Gaines, Associate Justice.

W. A. Culberson while operating a train upon the road of the appellant company as conductor lost his life in endeavoring to make a coupling between the engine under his control and a train in its front. The appellee, who was his wife, brought this suit on behalf of herself and other beneficiaries to recover damages under the statute for the injury. She alleged that the accident resulted from a defect in the engine and the incompetence and carelessness of the engineer.

*377During the progress of the trial the defendant offered to prove by a witness that at the time of the…