Terrell, Receiver v. Russell

JAMES,

Chief Justice.—Action for damages for death from personal injury. Our conclusions of fact are as follows: We conclude that McMaster Russell, defendant in error’s husband, ivas killed by being run over by the receiver’s engine, while in the receiver’s employ, and in the discharge of his duties as a brakeman. Also that there is evidence to show that the engineer, Pareira, then operating the engine, was incompetent by reason of recklessness, and that his negligence on this occasion, growing out of such unfitness, caused. Russell’s death; that there is evidence that warranted a finding that…