Burmaster v. Texas Pacific-Missouri Pacific Terminal R. R. of New Orleans

McCALEB, Judge.

This is an action ex delicto brought by the plaintiff on her own behalf as surviving widow and in her capacity as natural tutrix of her minor children for recovery of damages for the alleged negligent killing of her husband by one of the railroad trains owned and operated by the defendant company.

An exception of no cause of action was filed to the petition on the ground that the averments therein contained conclusively establish such contributory negligence on the part of the deceased, as to bar recovery. The district judge sustained this exception and dismissed the plaintiff’s…