Missouri, Kansas & Texas Railway Co. v. Hammer

RAINEY, Chief Justice.

J. A. Hammer brought this suit as next friend for the use and benefit of his child, Mary Hammer, against appellant to recover damages on account of personal injuries inflicted upon her through the negligence of appellant’s servants. The company answered by general denial. A trial resulted in favor of plaintiff.

The evidence shows that plaintiff with his family lives on his farm situated upon the line of appellant’s railway, the residence being 75 or 100 yards from the track, and the yard extending to the right of way .and within sixty feet of the track. The right of way…