Galveston, Harrisburg & San Antonio Railway Co. v. Michalke
Texas Supreme Court
Petition for writ of error to the Court of Civil Appeals, Fourth District, in an appeal from Colorado County. Michalke sued the Railway Company to recover for personal injuries, received through collision with a locomotive at a street crossing. Plaintiff recovered judgment, and on defendant's appeal it was affirmed. Appellant then applied for a writ of error.
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Petition for writ of error to the Court of Civil Appeals, Fourth District, in an appeal from Colorado County. Michalke sued the Railway Company to recover for personal injuries, received through collision with a locomotive at a street crossing. Plaintiff recovered judgment, and on defendant's appeal it was affirmed. Appellant then applied for a writ of error. Among other grounds assigned was one based on the approval of the charge of the trial court permitting plaintiff to recover if “defendant permitted obstructions to be placed and remain upon its track and right of way so as to obstruct…
1Opinion of the Court
GAINES, Associate Justice.
are of the opinion that the application for the writ of error in this case should he refused. In upholding, however, the ruling of the Court of Civil Appeals—that the first charge requested hy the plaintiff and given hy the court was not error—we deem it proper to say that we do not question the right of a railway company, as a general rule, to erect the structures necessary for the prosecution of its business and to leave standing cars upon its side tracks, near a street or road crossing. But we think that the circumstances of a case may he such that, as a matter of…
2Cited by16 opinions
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Gates v. HooperTexas Supreme Court · 1897
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
- Missouri Pacific Railroad v. LimmerTexas Supreme Court · 2009
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