Dardenne v. Texas & Pacific Railway Co.

While Mr. Edward Douglas Leche w'as driving a Ford car over the tracks of defendant company in June, 1929, about 10:30 in the morning, he was run over and killed by a train of defendant company. His heirs are suing defendant for $10,000 in damages, comprised of various items specified in the petition. The demand was rejected. Plaintiffs appeal.

The district judge based his conclusions on his appreciation of the substantial facts of the case, and says:

*263“I am strongly inclined to the opinion that at the time of the collision, defendant’s train was moving at a speed in excess of the limit fixed by…