Conley's Adm'r v. Cincinnati, New Orleans & Texas Pacific Railway Co.

JUDGE BENNETT

delivered the opinion op the court.

The appellant, as administrator of Ed. Conley, sued the appellee in two counts for killing his intestate— one for willful, the other for gross and ordinary neglect. There is no allegation in either count of the petition that the intestate left either widow or child; besides, the proof shows that he left neither; therefore, according to the repeated decisions of this court recently rendered, the appellant can not recover on the count for willful neglect. The only question is, does certain evidence, as it appears in the record, if believed,…