Westbrook v. Texas & P. Ry. Co.

GRAY, Justice.

Appellants W. R. Westbrook and wife,, sued appellee, Texas & Pacific Railway Co.,, for the alleged killing of their two year old child by one of appellee’s passenger trains on or about April 14, 1943. The fatal accident occurred about two and a> half or three miles west of the section station at Tye. W. R. Westbrook was employed as a section hand by appellee and a. Mr. Reeves was his foreman. The railroad track ran in an east and west direction from Tye to near the scene of the accident. On the north side of the right-of-way was. Highway 80, which was intersected by a public…