Billingsley v. Texas & New Orleans Railroad

Mr. Judge Taylor,

of the Commission of Appeals, delivered the opinion for the Court.

A. M. Billingsley and wife, father and mother of the deceased, A. T. Billinsgley, and Alfred and Pauline Billingsley, brother and sister of the deceased, sued the T. & N. O. Ry. Co. to recover damages for his death. Upon appeal from a judgment in favor of plaintiffs the Court of Civil Appeals rendered judgment reversing and rendering the cause in favor of defendant. 94 S. W. (2d) 268.

Plaintiffs allege that the train was in charge of defendant exclusively; and that A. T. Billingsley, while standing at a…