G., C. & S. F. R'y Co. v. McGown
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This was a suit by John McGown against the Gulf, Colorado & Santa Fe Railway Company for damages for personal injuries caused by the derailment of the company’s passenger train, on which the plaintiff was at the time a passenger, and traveling on a free pass.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This was a suit by John McGown against the Gulf, Colorado & Santa Fe Railway Company for damages for personal injuries caused by the derailment of the company’s passenger train, on which the plaintiff was at the time a passenger, and traveling on a free pass. The petition laid the damages at $20,000. The specific charges of negligence were that the road-bed was defective and in bad condition, through rotten and defective ties, unevenness, and defectively spiked rails; that the train was running with great and unusual speed…
1Opinion of the Court
Stayton, Associate Justice.
There was such evidence as to justify a verdict in favor of the plaintiff if he had been an ordinary, fare-paying passenger. The charge assumes that the same degree of care is incumbent upon a carrier of passengers in the case of one traveling on a free pass as in the case of a passenger paying full fare, and if this be not the law, the charge given was erroneous, and some of the charges asked and refused should have been given.
The appellee applied for and received a free pass from Galveston to Fort Worth, and to return from the latter to the former place, which on…
2Cases cited14 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Railway Co. v. StevensSupreme Court of the United States · 1878
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Rice v. Kansas Pacific RailwaySupreme Court of Missouri · 1876
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- Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Sullivan-Sanford Lumber Co. v. WatsonTexas Supreme Court · 1913
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