The Texas Civil Appeals Reports (Volume 28); Cases Argued And Determined In The Courts Of Civil Ap.. details from bookadda

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... St. Louis Southwestern Railway Company V. G. W. Abernathy Et Al. Decided March 8, 1902. 1.--Railway Company--Injury to Child--Discretion--Contributory Negligence. Where a boy 10 years old and of average intelligence was told not to go about a work train, as he might get killed or hurt, but was not told as to how he might be killed or hurt, the issue as to his capacity and intelligence to comprehend and appreciate the danger was for the jury, and a finding to the effect that he was not guilty of contributory negligence in going about the train, by which he was run over and killed, is sustained. 2.--Same--Peril Not Discovered. Where children were on and about a work train so frequently that a person of ordinary prudence would have apprehended danger to them, it was immaterial that the employes in charge thereof did not know that plaintiff's child was on it in a dangerous position, since they were guilty of negligence in failing to use care to prevent him going thereon. Appeal from Navarro. Tried below before Hon. L. B. Cobb. Frost, Neblett & Blanding and E. B. Perkins, for appellant. Simkins & Mays, for appellee. RAINEY, Chief Justice.--Abernathy and wife sued appellant for damages caused to them by the death of their 10 year old son, alleged to have resulted from the negligence of the defendant's employes in the operation of its work train. Appellant plead a general denial and contributory negligence on the part of both plaintiffs and their son. Conclusions of Fact.--Appellees' child, a boy 10 years of age, was run over and killed by appellant's work train on the 17th day of November, 1899. The railroad of appellant runs through the corporate limits of Corsicana and did at the time of the death of the deceased, Howard Abernathy. At the time of the injury a...