Galveston, Harrisbubg & San Antonio Railway Co. v. Ryon

Maltbie, Presiding Judge.

The courts hold, almost without dissent, that a person guilty of negligence contributory to his injury, may recover, notwithstanding his own negligence, if the defendant, after discovering plaintiff’s danger, fails to use ordinary care to avoid injuring him. But in general, where the defendant owes the plaintiff no duty, and is not aware of his danger, though the discovery might have been made by the exercise of ordinary prudence on the part of defendant, no recovery can be had. In the Symkins case, 54 Texas, 615, it was held that if, after Symkins went on the track…