Taylor, Bastrop & Houston Railway Co. v. Warner

FISHER, Judge,

Section B. — Suit by appellees against appellants to recover damages resulting from the death of their infant son, caused by the negligence of appellant the railway company in constructing the approach and crossing of a public highway across and over the railway track. The amount sued for was $5000 actual damages and $5000 exemplary damages. The railway company answered, (1) that at the time of the accident the railway was in the exclusive possession and control of Burkett & Murphy, who were independent contractors then engaged in its construction, and that the same had not been…