Devance v. Missouri, K. & T. Ry. Co. of Texas

Appellants, the surviving wife and children of Tom Devanee, brought this suit to recover damages of the appellee for the killing of said Tom Devanee by negligently running its train over him. Appel-lee answered by general demurrer and denial and pleaded specially contributory negligence; that Tom Devanee was a trespasser on defendant’s track; that he was lying down on the track; that he was at the time asleep or drunk, or was both asleep and drunk, which was the cause of his death. A trial resulted in a verdict and judgment for appellee, from which this appeal is taken.

Tom Devaneé was run…