Williams v. T. & P. R. R. Co.
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. John C. Robertson. This suit was brought by Joseph Williams and his wife against the defendant company, alleging in substance that on the 17th of December, 1880, their son George, a child about eight years old, left his home without their knowledge, and engaged in playing on the platform at defendant’s depot; that the defendant company, knowing this, continued to move the cars by the platform, until the child, in attempting to…
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Appeal from Wood. Tried below before the Hon. John C. Robertson. This suit was brought by Joseph Williams and his wife against the defendant company, alleging in substance that on the 17th of December, 1880, their son George, a child about eight years old, left his home without their knowledge, and engaged in playing on the platform at defendant’s depot; that the defendant company, knowing this, continued to move the cars by the platform, until the child, in attempting to leap from the platform upon the moving car, fell and was run over and killed by the car; that the car was detached from…
1Opinion of the Court
West, Associate Justice.
Taken and considered together as a whole, we have come to the conclusion that the district court committed no error by its action in sustaining the exception and demurrer to the pleadings of the appellants as amended.
There is no averment in the amended petition that can be properly said to charge such negligence on the appellee, under the facts detailed, as would make it, under our previous rulings, responsible in damages to the appellants.
There is an averment to the effect that the moving car was detached from the engine, and that there was no person on it at the time…
2Cases cited2 opinions
- G., H. & H. R'y Co. v. MooreTexas Supreme Court · 1883
- Evansich v. G., C. & S. F. R'y Co.Texas Supreme Court · 1882
3Cited by20 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Mitchell v. AkersCourt of Appeals of Texas · 1966
- Schwing v. Bluebonnet Express, Inc.Texas Supreme Court · 1973
- Western Union Telegraph Co. v. HoffmanTexas Supreme Court · 1891
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