Kelley v. Burlington-Rock Island R.

■MARTIN, Justice.

The parties will carry here their trial court designation.

A peremptory verdict for defendant was directed by the trial court in a suit filed by plaintiff Mrs._ Della Kelley for the death of her sixteen year old son.

This action furnished the basis for the only legal issue between the parties on this appeal.

The Kelley family lived about two and one-half miles north of Tomball, near defendant’s track. Just before midnight, deceased left Tomball, apparently on foot, to go to his home. He, together with the public, had been accustomed to use defendant’s1 track northward from…