Texas & New Orleans Railroad v. Berry

Gaines, Associate Justice.

This suit was brought by appellee to recover of appellant, under the provisions of Title 53, of the Revised Statutes, damages for an injury resulting in the death of her husband. It is alleged in substance that the injury was caused by the carelessness of an engineer—one Sunburg; that he was negligent and incompetent, and that appellant’s officers and agents did not exercise due care in selecting and employing Rim as engineer.

According to the provisions of the title cited, the widow and •other beneficiaries can only recover when the injury is “ of such a character as…