Smithee v. Texas & P. Ry. Co.

WALTHALL, Justice.

Clara Smithee, wife of appellant, T. E. Smithee, and daughter of appellants L. D. Tanlcersly and Bertha Tankersly, was instantly killed in a collision with a freight train operated by the agents and servants of the appellee, Texas & Pacific Railway Company, in the switching yard of appel-lee, in the town of Odessa, Ector county, Tex. The case was tried to a jury, and after the evidence was heard the trial court instructed a. verdict for the appel-lee railway company, and on the return of the verdict as instructed, the court entered judgment for appellee. From the verdict and…