Missouri Pacific Railway Co. v. Evans

Walker, Associate Justice.

This appeal involves the degree of care or the duty owing by the railway company to the deceased, Ed. Evans, the son of plaintiff, and for whose death the suit was brought, under the circumstances of his death.

February 9, 1886, at Oakwoods, a village on the railway of appellant, a few miles west of the Trinity river, Ed. Evans, aged twenty-six years and drunk, his condition having been noticed by his friends in the village, entered upon a freight train run by the defendant. The rules of the company forbade the carriage of passengers on such trains. The conductor did…