Williams v. T. & P. R. R. Co.

Citations

• 60 Tex. 205
• 1883 Tex. LEXIS 301

Syllabus

<p>1. Fact case.— See statement of case for petition in a suit by husband and wife against a railway company, for damages claimed on account of the alleged negligent killing of their child, held not sufficient.</p> <p>2. Negligence of parents.— Though in a suit by a child for damages on account of injuries received through the culpable negligence of another, it will be charged with only such discretion in realizing and avoiding danger as a child of its years and observation would exercise, and if it be wanting in discretion, the fact that the negligence of the parents may have contributed to its injury can offer no excuse, yet, if the action be by the parent of the child who was killed by the injury, the rule is different; in the latter case, if the negligence of the parents contributed to the death of the child, they cannot recover.</p> <p>8. Distinguished.— This case distinguished from G., H. & H. R’y Co. v. Moore, 59 Tex., 64; Evansich v. G., C. & S. F. R’y Co., 57 Tex., 123-126; and Tex. & P. R’y Co. v. O’Donnell, 58 Tex., 28.</p>