Sterling v. Texas N. O. R. Co.

CODY, Justice.

This action was brought by Odessa Sterling as the widow of Joe Sterling to recover damages resulting from his death which was caused by being run over by a train on appellee’s track within the City of Houston, at'about 4 o’clock in the morning of July 26, 1936. At the conclusion of plaintiff’s proof the Court, upon defendant’s motion, instructed the verdict in defendant’s favor, and the plaintiff has become appellant in this Court.

There were no. eyewitnesses to the accident. At the point where it occurred, appellee’s track runs east and west. Appellant and her deceased husband…