Olivares v. San Antonio & Aransas Pass Railway Co.

JAMES, Chief Justice.

The action was brought by appellant, the father of Norman Olivares, a child who was twenty-two months of age, who went upon appellee’s track and was killed by a passing train, near Kennedy.

The case was here once before on a judgment in favor of this appellee, which we reversed for an error in the court’s charge. We refer to that opinion for a more extended statement of the case. Olivares v. Railway Co., 2 Texas Law Journal, 279, 77 S. W. Rep., 981.

The court submitted as issues, the negligence of defendants’ employes operating the engine, as to failing to exercise ordinary…