International & Great Northern Railroad v. Ellyson

FISHER, Chief Justice.

This suit was originally brought by Mrs. Mary Ellyson to recover damages for personal injuries sustained by her while a passenger on one of the defendant’s trains. The injuries were sustained in a collision at a crossing between the train in which she was a passenger and another train of the defendant, through the negligenee of the agents and servants of defendant in charge of the trains. Mrs. Ellyson died November 1, 1902, and thereafter the appellees, as her heirs, suggested her death and made themselves parties plaintiff by filing their first amended original…