Texas N. O. R. Co. v. House

WILLSON, O. J.

(after stating the facts as above). Appellant insists its employés in charge of the locomotive did not owe to ap-pellee and his wife a duty either to warn them of the approach of the train, by sounding the whistle at the whistling board east of the bridge, or to keep a lookout for them on its track. It further insists, if said employes owed such duty and negligently failed to discharge it, that appellee and his wife were themselves guilty of such negligence as deprived them of a right to complain of its failure. It further insists it did not appear that said employes! discovered…