Burns v. Merchants & Planters Oil Co.

GARRETT, Chief Justice.

This action was brought by the appellant, Maggie Burns, to recover damages for the death of her husband, Ben Burns, resulting from injuries received by him while in the employment of the appellee, Merchants and Planters Oil Company, through the negligence of said company and of the Texas & New Orleans Railroad Company, both of whom are sued. The father and mother of the deceased, Amos and Fannie Burns, were made parties defendant. Amos died pending the suit, and the action was dismissed as to him. Deceased was killed by the running of a switch engine, by the employes of…