Legal Opinion

San Antonio Traction Co. v. Young

Court of Appeals of Texas

Decided November 22, 1911PublishedCited by 2 opinions

Appeal from District Court, Bexar County; 'T. T. Vander Ploeven, Special Judge. Action by Elmer E. Young and another against the San Antonio Traction Company. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtCobbs, J.

This suit was brought by Earner E. and Annie M. Young for damages against appellant for the death of their minor son, Freddie Young, who was alleged to have been negligently run down and killed by one of appellant’s street cars. The judgment of the jury was $3,500 for each of the plaintiffs, aggregating $7,000.

[1] The first assignment of error is, “The court erred in overruling defendant’s second special exception,” and the proposition thereunder is: “The law does not render the defehdant liable for damages merely because it could have discovered a person’s peril by the exercise of ordinary…

2Cases cited4 opinions

  1. Galveston City Railroad v. HewittTexas Supreme Court · 1887
  2. Galveston, Harrisburg & San Antonio Railway Co. v. PigottCourt of Appeals of Texas · 1909
  3. Michael v. RabeCourt of Appeals of Texas · 1909
  4. San Antonio & Aransas Pass Railway Co. v. ManningCourt of Appeals of Texas · 1899

3Cited by2 opinions

  1. Jasper County Lumber Co. of Texas v. McMillanCourt of Appeals of Texas · 1945
  2. Kuntz v. SpenceCourt of Appeals of Texas · 1931

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