Texas & P. Ry. Co. v. Phillips

Suit by Eugene Phillips and wife against the Texas & Pacific Railway Company to recover damages for the death of plaintiffs’ minor son, Gordon Phillips. The boy was killed by a train from the West at a public crossing on Seaman street in the city of East-land immediately east of defendant’s depot. The acts of negligence relied upon for recovery in so far as found by the jury favorably to the plaintiffs were: (a) That defendant, in the operation of the train, approached the crossing on the occasion in question at an excessive rate of speed; (b) that defendant failed to sound an engine whistle…