Thomas v. Missouri-Kansas-Texas R. Co.

MONTEITH, Chief Justice.

This action was brought by Marilla Thomas, a widow, as administratrix of the estate of her deceased husband, Fred Thomas, under the provisions of the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., to recover damages growing out of the death of her said husband alleged to have been caused by the negligence of ap-pellee, Missouri-Kansas-Texas Railroad Company of Texas, in failing to have available safety devices to protect the deceased while employed by appellee in removing debris from a trestle under one of its bridges.

Appellee answered by general denial…