Texas & Pacific Railway Co. v. Lester

HENRY, Associate Justice.

This suit was brought by appellee to-recover damages for the death of her son, who, while acting as a locomotive engineer for defendant, was killed by being crushed under some of the cars of the train that he was on.

The petition charges and the evidence establishes that the road bed at the point where the injury occurred was worn and weak, and that the track, was out of line and so spread that the engine and cars rolled off of it and on to the son of plaintiff.

The case was tried with a jury, who rendered a verdict for plaintiff for forty-two hundred dollars.

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