Lumsden v. Chicago, Rock Island & Texas Railway Co.

CONNER, Chief Justice.

This is an appeal from a judgment in appellee’s favor by R. E. Lumsden and Debre Lumsden, surviving wife and minor child respectively of John W. Lumsden, who was run over and killed by cars of the appellee company in its yards at Bridgeport, Wise County, Texas, on the night of November 21, 1898.

It was charged that the deceased was in the employment of the appellee company as a member of a bridge gang; that he had been directed to go to the town of Jacksboro, and that while going from the boarding car of the bridge gang across the railway yard and tracks at Bridgeport to…