Cunningham v. Austin & Northwestern Railway Co.

DENMAN, Associate Justice.

—Appellant seeks to recover damages for the death of her husband, James Cunningham, a conductor on one of appellee’s trains, caused by a wreck occasioned by the breaking of a car wheel on a car running from Llano to Austin,, on the 22nd day of December, 1892.

The petition charged the negligence to consist in the fact that the wheel had a crack or flaw in it, which was known to appellee, or could have been known by the use of ordinary care; and that appellee’s car inspector (Rownie) at Llano, whose dtity it was to carefully inspect wheels before the same left Llano,…