Bond v. International & Great Northern Railroad

JAMES, Chief Justice.

Appellants were the widow and children of E. B. Bond, and sued for damages resulting from the striking and killing of Mr. Bond by one of defendant’s engines while he was walking (as the petition alleges) on the track between the rails going from the town of Lovelady to a saw mill where he was employed. If necessary, in the course of this opinion, we shall state more of the petition.

Besides a general denial, defendant alleged that the accident was caused by the negligence of deceased in stepping upon the track in front of the moving train and so close thereto that it was…