Houston & Texas Central Railroad v. Smith
Texas Supreme Court
Error from Robertson. Tried below before the Hon. Spencer Ford. Suit brought April 21, 1877, by Smith, defendant in error, to recover of the Houston and Texas Central Railroad Company $25,500 damages for personal injuries, claimed to have been caused on the 3d of January, 1877, within the corporate limits of Calvert, by the Houston and Texas Central Railroad Company, whose employees in operating and- running an engine and train of cars over the company’s track struck Smith,…
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Error from Robertson. Tried below before the Hon. Spencer Ford. Suit brought April 21, 1877, by Smith, defendant in error, to recover of the Houston and Texas Central Railroad Company $25,500 damages for personal injuries, claimed to have been caused on the 3d of January, 1877, within the corporate limits of Calvert, by the Houston and Texas Central Railroad Company, whose employees in operating and- running an engine and train of cars over the company’s track struck Smith, who at the time was walking along and over said track, throwing him off and inflicting upon him serious injuries.…
1Opinion of the Court
Bonner, Associate Justice.
The first assignment of error is, that “ the court erred in overruling defendant’s demurrer to plaintiff’s petition, because plaintiff’s petition showed that at the time of his alleged injuries he "was walking along defendant’s track, using the same for his own purposes, thereby placing himself in the wrong and contributing to the injuries sustained.”
The general law of contributory negligence may be thus briefly stated: “ One who is injured by the mere negligence of another cannot recover at law or in equity any compensation for his injury if he, by his own or his…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Indianapolis & Vincennes R. R. v. McClarenIndiana Supreme Court · 1877
- Brand v. Schenectady & Troy RailroadNew York Supreme Court · 1850
3Cited by37 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- International & Great Northern Railway Co. v. GarciaCourt of Appeals of Texas · 1890
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