Bogard's Admr. v. Illinois Central Railroad

Opinion op the Court by

Judge Settle

— Affirming.

This action was brought by appellant as administrator of the estate of his deceased infant son, to recover of appellee damages for his death from measles, alleged to have been contracted by the child while a passenger on *650its train, from another passenger in the same coach; it being averred in the petition that this passenger had the measles; that the fact of his having the disease was known to appellee’s conductor in charge of the train, or by the exercise of ordinary ■ care could have been discovered by him, and that notwithstanding such…