Lemke v. Texas & New Orleans Railroad

WERLEIN, Justice.

This suit was brought by Tony Allen Lemke and Richard Roy Lemke, minors, by and through their Guardian, Leroy Lem-ke, to recover for damages arising out of the instantaneous deaths of their parents, Allen Tony Lemke and Marjorie Juanita Lemke, when their stalled automobile was struck by appellee’s passenger train at a crossing about a mile and one-half west of Sugarland, Texas. The evidence shows that Mrs. Lemke, accompanied by her husband, a prison guard, with the two minor appellants in the back seat of the car, after driving in a westerly direction along U. S. Highway…