St. Louis Southwestern Ry. Co. of Texas v. McCrearry

(after stating the case as above).

It will be noted that the jury found, among other things, that the engineer operating the train discovered and realized that McCrearry was in a perilous position in time, by the use of means at hand, consistent with the safety of the train and those riding thereon, to have so operated the train-as to prevent its striking McCrearry, and found, further, (1) that said engineer failed to use such means, (2) that such failure ~was negligence, and (3) that such negligence was a proximate cause of McCrear-ry’s death. Unless error entered into the findings specified,…