Texas & N. O. Ry. Co. v. Wagner

This suit was brought by Mrs. Mamie Wagner, the widow, and Mrs. O. D. Kirkpatrick, the mother, of E. G. Wagner, deceased, to recover damages sustained by them on account of, the killing of the said F. G. Wagner at Gregg street crossing in the city of Houston, in a collision between an automobile in which he was riding and a passenger train of the defendant.

Plaintiffs alleged that Wagner’s death was the result of the negligence of the defendant, its agents and servants, in operating its train, (1) in not keeping a proper lookout for persons about to cross its railway track at Gregg street; (2)…