J. Rosenbaum Grain Co. v. Mitchell
Court of Appeals of Texas
Appeal from District Court, Tarrant County; W. T. Simmons, Judge. Action by John Mitchell against the J. Rosenbaum Grain Company. Judgment for plaintiff, and defendant appeals. The main track of the Chicago, Rock Island & Gulf Railway Company in North Ft. Worth -ran north and south.
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Appeal from District Court, Tarrant County; W. T. Simmons, Judge. Action by John Mitchell against the J. Rosenbaum Grain Company. Judgment for plaintiff, and defendant appeals. The main track of the Chicago, Rock Island & Gulf Railway Company in North Ft. Worth -ran north and south. East of this track, and connecting with it, that company owned and used in the operation of its line of railway three other tracks, known as Nos. 1,2, and 3. East of those three tracks, and connecting with them, appellant owned three tracks, known as Nos. 4, 5, and 6. No. 5 ran through a grain elevator owned and…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1,2] Appellant requested the court to instruct the jury to return a verdict in its favor. The refusal of the request is complained of as error. In support of its complaint, appellant insists that, taking the view most favorable to appellee warranted by the testimony, he was a mere licensee while on its premises, and therefore that the only duty it owed to him was to refrain from intentionally injuring him while he was thereon, or, if it discovered him to be in a place of danger on account of cars moving from the elevator south on track 5, to use ordinary…
2Cases cited10 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Galveston v. KutacTexas Supreme Court · 1889
- St. Louis & San Francisco Railway Co. v. McClainTexas Supreme Court · 1891
- Abbitt v. Lake Erie & Western Railway Co.Indiana Supreme Court · 1898
- Schultze v. Alamo Ice & Brewing Co.Court of Appeals of Texas · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Black v. MartinMontana Supreme Court · 1930
- Stires v. SherwoodOregon Supreme Court · 1915
- Thompson v. RobbinsCourt of Appeals of Texas · 1956
- Texas & P. Ry. Co. v. WylieCourt of Appeals of Texas · 1931
- Armstreet v. GreerCourt of Appeals of Texas · 1967
3 more not listed; retrieve them via the Exa API.