Missouri Pacific Railway Co. v. Prewitt

The opinion of the court was delivered by

Schoonover, J.:

This action was brought against plaintiff in error in the district court of Butler county by defendants in error to recover damages for the death of their infant son.

It is alleged by defendants in error that on the third day of March, 1892, Bertie Prewitt, an infant of the age of two years and four months, was on the railroad track of plaintiff in error between the stations of Benton and Towanda ; that the railroad was not fenced ; that the appliances for stopping the train were out of repair, and that plaintiff in error, by its agents,…