Houston & Texas Central Railway Co. v. Smith

ACKER, Presiding Judge.

—Cyrus Smith and his wife brought this *180suit against the Houston & Texas Central Railway Company to recover damages alleged to have been sustained by them from the death of their son, Plum Smith, a minor sixteen years old. It was alleged that the death was caused by the gross negligence of defendant, its agents and employes. The trial resulted in verdict and judgment for plaintiff Cyrus Smith for $500, from which this writ of error is prosecuted.

The boy was run over by a locomotive drawing a freight train of two cars and a caboose, about 6 o’clock in the morning. He had…