Texas N. O. R. Co. v. Zarate

COMBS, Justice.

The appellee, Lena Zarate, as plaintiff, filed this suit in the district court of Nacogdoches county against the appellant, Texas & New Orleans Railroad Company, as defendant, to recover damages in the sum of $30,000 for the death of her husband, Joe Zarate, who, it is alleged, was negligently struck and killed by one of defendant’s trains near Corrigan, Polk county, Tex., between 3 and 4 o’clock on the morning of May 3, 1931. None of the witnesses who testified saw the accident and the evidence bearing upon the issue of defendant’s negligence is wholly circumstantial. The body…