Barnes v. Honey Grove Natatorium Co.
Court of Appeals of Texas
Appeal from District Court, Einnin County; Ben H. Denton, Judge. Suit by N. J. Barnes against the Honey Grove Natatorium Company and others. From a judgment for defendants, plaintiff appeals.
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Appeal from District Court, Einnin County; Ben H. Denton, Judge. Suit by N. J. Barnes against the Honey Grove Natatorium Company and others. From a judgment for defendants, plaintiff appeals. This was a suit by appellant for damages, actual and exemplary, for the death of his son Clarence on August 21, 1919, by drowning in a swimming pool in Honey Grove then owned and operated for profit-by the 50 or more individuals named as defendants and other individuals not so named, and afterwards owned and operated by the Honey Grove Natatorium Company, a corporation. In his petition appellant alleged:…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1, 2] As we view the record, the contention made that the finding of the jury that appellant’s son was guilty of contributory negligence was without the support of testimony should be overruled. Testimony referred to in the statement above was all there was which can be said to have tended to show contributory negligence on the part of appellant’s son. The trial court instructed the jury that negligence was a failure to use “ordinary care,” and that ordinary care meant such care “as an ordinarily careful and prudent person would commonly…
2Cases cited6 opinions
- McDonald v. International & Great Northern Railway Co.Texas Supreme Court · 1893
- Missouri, Kansas & Texas Railway Co. v. RodgersTexas Supreme Court · 1896
- International & Great Northern Railway Co. v. KuehnCourt of Appeals of Texas · 1895
- Atchison, Topeka & Santa Fe Railway Co. v. MillsCourt of Appeals of Texas · 1908
- St. Louis & San Francisco Railway Co. v. ChristianCourt of Appeals of Texas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Truelson v. Whitney & Bodden Shipping Co.Court of Appeals for the Fifth Circuit · 1925
- Luck v. Buffalo Lakes, Inc.Court of Appeals of Texas · 1940