McCrearry v. St. Louis Southwestern Ry. Co.

The plaintiff in error, for herself and for the benefit of her minor child, brought this suit for damages against the defendant in error, alleging the negligent infliction of fatal injuries upon her husband, and recovered a judgment for $3,000 in the district court. Upon appeal by the defendant in error to the Court of Civil Appeals at Dallas, the judgment of the district court was reversed and rendered in favor of the defendant in error. 296 S. W. 935.

The facts developed at the trial, as stated in the opinion of the Court of Civil Appeals, are as follows:

“The deceased, J. H. McCrearry, the…