Lumsden v. Chicago, Rock Island & Texas Railway Co.

SPEER, Associate Justice.

R. E. Lumsden as next friend to her minor daughter, Debra, brought this suit against the Chicago, Rock Island & Texas Railway Company to recover damages for the negligent killing of Debra’s father, and from a judgment denying recovery she has perfected this, her third appeal to this court. See 23 Texas Civ. App., 127, 56 S. W. Rep., 605, and 28 Texas Civ. App., 225, 67 S. W. Rep., 168. There are but three assignments of error, all of which are predicated upon the charge of the court.

The three assignments complain of the following charges, respectively, viz:

First. “5.…