Fort Worth & Denver City Railway Co. v. Wilson

HEAD, Associate Justice.

The verdict of the jury, which is supported by the evidence, establishes, that on July 15, 1888, James L. Wilson, a fireman on one of appellant’s locomotives, was killed by reason of the track, on account of its defective construction, giving way and overturning the engine. It seems that the track where the accident occurred was a fill or dump about 10 feet high, thrown up across a ravine or basin between two hills, and was composed of loose sand, some of the witnesses-styling it quicksand. On the night in question there was a very heavy rain, but not one that should…