Galveston, Harrisburg & San Antonio Railway Co. v. Smith

NEILL, Associate Justice.

This suit was brought by the appellees, Blanche Smith, the widow, and Alexa and Bernice Smith, the children of George C. Smith, deceased, against the appellant to recover $50,000 damages for negligently causing Smith’s death.

The grounds of negligence alleged were, "that the locomotive and tender, of which George C. Smith was engineer, the derailment of which caused his death, was unusually large, high, improperly balanced, and top-heavy; that the rails upon defendant’s roadbed at the place where the engine was derailed and overturned were too small and light to…