Gulf, C. & S. F. Ry. Co. v. Ballew

SMEDLEY, Judge.

Defendants in error sued plaintiff in error for damages on account of the death of their minor son, who was killed while a passenger on a special train, of plaintiff in error, by falling between two cars where the train parted immediately following the accidental application by a fellow passenger, near the middle of the train, of the air brakes in emergency. The jury found that the death was not proximately and solely due to the act of the fellow passenger. It also found that plaintiff in error was negligent in three particulars and that each of such acts of negligence was a…