Artusy v. Missouri Pacific Railway Co.

Stayton, Chief Justice.—

This action was brought by appellants, the widow and minor children of Charles Artusy, to recover damages for an injury that resulted in his death. At the time Charles Artusy was injured he was walking on and along the track of the railway, on which he had traveled a half mile or more before he was struck by a moving car. He was an aged man with defective hearing, but this was not known to the persons operating the train so far as the record shows, and there was nothing in his appearance to indicate inability to take care of himself. He was fully aware of the danger of…