Lancaster v. Jarrett
Court of Appeals of Texas
Appeal from District Court,' Harrison County; P. O. Beard, Judge. Action by Z. L. Jarrott against J. L. Lancaster and others, receivers. From a judgment for plaintiff, defendants appeal. A head-on collision of regular through passenger train No. 3, going west, and regular freight train No. GO, going east, occurred at about 5:12 o’clock a. m. on the main line track of the Texas <& Pacific Railroad, at a point one and one-eighth miles west of Camp’s Switch.
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Appeal from District Court,' Harrison County; P. O. Beard, Judge. Action by Z. L. Jarrott against J. L. Lancaster and others, receivers. From a judgment for plaintiff, defendants appeal. A head-on collision of regular through passenger train No. 3, going west, and regular freight train No. GO, going east, occurred at about 5:12 o’clock a. m. on the main line track of the Texas <& Pacific Railroad, at a point one and one-eighth miles west of Camp’s Switch. The appellee, who was the regular locomotive engineer operating passenger train No. 3, sustained personal injuries as a result of the…
1Opinion of the Court
The court's charge, in section 6, tells the jury, in effect, that, if they shall believe from the evidence that the conductor delivered train order No. 14 to appellee, and he "negligently failed to read and observe the same," or "if the plaintiff had read the orders handed him aloud to the conductor, and the absence of order No. 14 would have been discovered, and that by reason of the discover of its absence it would have been supplied, and train No. 3 would have stopped at Camp's, and the accident avoided," then, "in either event the plaintiff would be guilty of contributory negligence,"…
2Cases cited5 opinions
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
- International & Great Northern Railway Co. v. ReidenCourt of Appeals of Texas · 1908
- Galveston, Harrisburg & San Antonio Railway Co. v. BrownTexas Supreme Court · 1901
- Davis v. PayneOregon Supreme Court · 1923
- Gulf, Western Texas & Pacific Railway Co. v. RyanTexas Supreme Court · 1888
3Cited by5 opinions
- International-Great Northern R. v. PenceCourt of Appeals of Texas · 1938
- Hunter v. Texas Electric Ry. Co.Court of Appeals of Texas · 1946
- Lancaster v. JarrettCourt of Appeals of Texas · 1924
- Missouri, K. & T. Ry. Co. v. RiddleCourt of Appeals of Texas · 1925
- Smallwood v. ParrCourt of Appeals of Texas · 1943