Gillham v. St. Louis Southwestern Ry. Co. of Texas

(after stating the facts as above). It appeared from testimony that appellee did not keep a watchman at the Stonewall street crossing, and did not maintain there a signal bell, gates, or any other means of warning people approaching the crossing of the approach of a train. The trial court instructed the jury to find for appellants if they believed that appellee was therefore guilty of negligence which was a proximate cause of Gillham’s death. Appellants insist that a finding in their favor on that issue was demanded by the testimony, and that the trial court therefore erred when he refused to…