Rio Grande, Sierra Madre & Pacific Railway Co. v. Martinez

JAMES, Chief Justice.

Appellee, the mother of Antonio Martinez, a boy of 15 years, recovered judgment for $1,500 for the killing of the latter by his being run over by appellants’ train on Utah Street in the city of El Paso, along which their track ran. The track was straight, and the killing took place between the intersections of Eighth and Ninth Streets with Utah Street. The track was and had long been in common use by pedestrians as a pathway. Deceased and his brother were walking along the track, and the former was struck by a train that was being backed along the street, and killed. The…