Galveston v. Kutac

Hobby, Judge.

This action was brought by the surviving children of Mrs. Annie Kutac to recover actual and exemplary damages sustained by reason of her death, which resulted from a collision between a locomotive of defendant and a wagon in which she was riding.

The plaintiffs claim that the proximate cause of the collision in which she received the injuries resulting in her death was the gross negligence of those in charge of the engine and cars of appellant in running the same at a dangerous and reckless rate of speed over its road through the town of Schulenberg and over the public highway…