Maruska v. Missouri, K. & T. R. of Texas

This was a suit for damages for the death by drowning of appellant's seven year old son in appellee's artificial lake near Granger, Tex., constructed by appellee to provide water for its engines, boilers, etc. At the close of the evidence the trial court instructed a verdict for the railroad company, hence this appeal.

The lake in question was formed by the construction of the railroad dump across a ravine. It was filled from springs augmented by surface water. There was evidence indicating a maximum width of the lake near the railroad of 500 feet and a length of from a half to three-quarters…