Missouri Pacific Railway Co. v. Lee

Walker, Associate Justice.

This is an appeal from a judgment in favor of appellee for damages for the killing of her son. The appeal questions first, the sufficiency of the petition; second, the question whether the crossing at which the death was caused was at a public road; third, the sufficiency of the testimony to negligence on the part of the railroad, and due care on the part of the deceased; fourth, the charge of the court on the measure of damages; and fifth, the verdict as excessive.

*4991. The petition alleges acts of negligence on part of the defendant at the time of the collision; that…