Court of Civil Appeals of Texas. Rehearing Denied June 11, Stout , Judge. Louis Southwestern Railway Company of Texas, debtor, to recover damages for the alleged wrongful killing of J. Richardson and Joe Lynn Richardson by collision of one of defendant 's trains with a school bus being operated by J. Richardson and in which Joe Lynn Richardson was riding. From a judgment in favor of the plaintiff , the defendant appeals. Sheehy , all of Tyler, and Otis T. Dunagan , of Gilmer, for appellant.
This is an action by appellees Mrs. Richardson and Joe Lynn Richardson by collision of one of appellant 's trains with a school bus owned and at the time operated by said J. Richardson and in which the said Joe Lynn Richardson was also riding, November 14, , at a point where a public road crosses appellant 's tracks in Upshur County , Texas.
Said J. The cause was submitted upon special issues which were answered in favor of appellees and damages assessed and apportioned by the jury in favor of Mrs.
Judgment was entered against appellant according to the verdict. Points 1 and 2 challenge the action of the trial court in refusing to set aside the judgment and grant appellant a new trial, for want of necessary parties plaintiff under the statute. Articles and , Vernon's Ann. In the motion for new trial appellant raised the question for the first time showing that Mr. Richardson , father and mother of J. Richardson , deceased, were still living and were not parties to the suit and that it had not been brought for their benefit.
Appellees contested the motion, and upon a hearing before the court introduced instruments executed and sworn to by Mr. Richardson in which they each in substance represented, acknowledged and confessed that J.
