Texas & P. R'y Co. v. Wright
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. On January 18, 1883, appellee brought his suit, alleging in substance that on the 30th day of November, 1883, in the city of Terrell, by reason of the negligence of defendant’s servants in charge of defendant’s backing train, it collided with plaintiff’s wagon while passing over Virginia street, destroying the wagon, and inflicting on himself serious and permanent injuries, to his damage §10,000. Defendant…
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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. On January 18, 1883, appellee brought his suit, alleging in substance that on the 30th day of November, 1883, in the city of Terrell, by reason of the negligence of defendant’s servants in charge of defendant’s backing train, it collided with plaintiff’s wagon while passing over Virginia street, destroying the wagon, and inflicting on himself serious and permanent injuries, to his damage §10,000. Defendant pleaded the general denial, and specially, in substance, that if plaintiff received and sustained the injuries and damages…
1Opinion of the Court
Willie, Chief Justice.
The charge complained of in the first assignment of errors was given in the language of the Revised Statutes, art. 4232.
It may be unreasonable to require a railroad company to ring a bell or blow a whistle eighty rods from a street crossing in a city, where the streets are not that far apart. It may be impossible for these signals to be given at that distance, when the train starts only a few feet from the crossing. But the statute sufficiently protects the company by freeing it from liability when the damage does not arise through a failure to give the proper signals.
For…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
3Cited by10 opinions
- St. Louis, S. F. T. Ry. Co. v. WestCourt of Appeals of Texas · 1915
- Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
- Security Union Ins. Co. v. HallCourt of Appeals of Texas · 1931
- Peters v. WilliamsCourt of Appeals of Texas · 1925
- Missouri, Kansas & Texas Railway Co. v. CardenaCourt of Appeals of Texas · 1899
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