Texas & Pacific Railway Co. v. Barron

FINLEY, Associate Justice.

Conclusions of Fact.—About noon on June 30, 1889, about three miles east of Elmo, in Kaufman County, as appellant’s eastbound through passenger train was passing on its railway, the track beneath it gave way, because the dirt supporting the same at that place was washed out during a very heavy rainfall shortly before or about that time. The baggage car was turned over and the baggage master instantly killed. The express and mail cars were turned partially over, and the smoking car, ladies’ car, and sleeping car were derailed, though not turned over. Appellee, who was…