Fort Worth Elevator Co. v. Russell

CONNER, O. J.

This suit was instituted by Mrs. Mary Lee Russel'l, for herself and as next friend of her five minor children, ranging in age from two and one-half months to twelve years, the plaintiffs being the widow and children of John T. Russell, who was killed while working for the defendant, Fort Worth Elevator Company, on March 20, 1925. The suit was for exemplary damages under article 8308, Rev. Statutes of -1925, based on gross negligence on the part of defendant alleged to have resulted in the death of John T. Russell.

The plaintiffs offered evidence to the effect that the defendant…