Grayson County TXGenWeb

Houston and Texas Central Railway
H. &T.C.

The Sunday Gazetteer
Sunday, May 11, 1884
pg. 1

JUDGEMENT AFFIRMED
Our readers will doubtless recollect a sad accident which happened to Mr. Ed. Kinney, an immigrant from Illinois, we believe, about two years ago at the H. & T.C. depot. The moving train injured one daughter, a pretty little girl, aged perhaps 5 years, named Hattie, in such a manner that death resulted therefrom within a few hours, and the other Ida, about a year older, so that it was necessary to amputate her arm. The family intended to settle in Fort Worth, but on account of this sad occurrence they had to remain here until the recovery of little Ida from her injuries, and at last concluded to settle near our city, where they now live.
The father sued Houston & Texas Central Railway company for damages in the District Court of Grayson County, G.G. Randell, Esq. being his attorney, and received a judgment of $7,750 and costs in one case, and in the other of $3,154 and costs.
The cases were appealed to the Supreme court by the Railroad company, which court has now affirmed the judgment in both cases.
The court held as follows:
"The question at issue were as to the facts. There was a conflict of evidences as to the rate of speed of appellant's train at the time the injury was received. The jury by their verdict found that appellant was guilty of negligence in running the train at a much greater rate of speed than was safe or necessary in entering the depot yard at Denison. The jury, says the court, were authorized from the record so to conclude. The verdict then is not only contrary to, but is supported and justified by the evidence. The record contains no bills of exception to the admission or exclusion of testimony. There is no complaint as to the charge of the court, or its actions in giving or refusing instructions."