Baker v. Dallas Hotel Co.

SIBLEY, Circuit Judge.

Mr. and Mrs. Robert F. Baker sued the Dallas Hotel Company, owners and- operators of a hotel in Dallas, Tex., under the Texas death statute, article 4671 et seq., Rev. Stats, of 1925, for the death of their infant son, Bobby, who fell from a window of the twelfth story of the hotel. On the evidence, the judge held that no actionable negligence appeared on the part of the defendant and that there was contributory negligence on the part of the plaintiffs, and directed a verdict for the hotel company. Mr. and Mrs. Baker appeal, and assign as the sole error the refusal to…