Shifflet v. St. Louis Southwestern Railway Co.

TARLTON, Chief Justice.

F. A.Shifflet and his wife brought this suit against the appellee to recover damages in the sum of $10,000, on account of the death of their son, Thomas J. Shifflet. They allege, substantially, that on March 22, 1896, their son, a small child about 10 years of age and wholly without discretion, went upon the defendant’s railway track at a point about one and one-half miles west of the town of Brownsboro, in Henderson County, at a place habitually used by pedestrians, and that in plain view of the defendant’s approaching train he was run over by the train and instantly…