Langston v. Tex-O-Kan Flour Mills Co.

NORVELL, Justice.-

This is an appeal from a judgment based upon a peremptory instruction. The action was for exemplary damages against Tex-O-Kan Flour Mills Company by Mrs. Alma Belle Langston, widow of O. L. Langston, deceased, upon the theory that the deceased had been killed as a result of gross neglect upon the part of the company. Article 16, § 26, Constitution of Texas, Vernon’s Ann. St. The trial Court held that no gross negligence was disclosed by the evidence and -hence directed the verdict.

The evidence discloses that, among other mills, the appellee owns and operates the Liberty…