Larkin F. Brooks, administrator, plaintiff in error, v. Missouri Pacific Railroad Company, defendant in error.

Heard in this court at the October term, 1927.

Opinion filed January 20, 1928.

A. D. Morgan and E. M. Spiller, for plaintiff in error.

Whitnel & Browning and White & Colp, for defendant in error.

Mr. Presiding Justice Barry

delivered the opinion of the court.