Texas & Pacific Railway Co. v. Brown

TARLTON, Chief Justice.

November 9, 1888, Carl A. Brown, a child of ten years, was playing with five or six other boys in the yards of appellant, situate within the corporate limits of the city of Port Worth. In these yards are located a main track and side tracks.

Carl Brown had climbed on a car containing coal, and was standing Avith his feet on the draAvhead, holding on to the brakeAvheel, between two stationary cars, Avhen against the latter several others were lacked by a SAvitch engine, catching his foot and mashing and seriously injuring it. No warning of the approach of the cars was…