Marshall & East Texas Railway Co. v. Petty
Texas Supreme Court
Error to the Court, of Civil Appeals for the Sixth District, in an appeal from Harrison County. Petty sued j;he railway company and recovered judgment. This was affirmed on appeal by defendant, who thereupon obtained writ of error.
1Opinion of the Court
Mr. Chiee Justice PHILLIPS
delivered the opinion of the majority of the court.
J. M. Petty brought this suit for damages on account of injuries sustained in his attempting, on horseback, to pass under a railroad bridge over a public road, along which he was traveling, by riding against the bridge and striking his head upon it.
Originally, it appears, the bridge was high enough above the road, but dirt and sand had been washed under it so as to raise the level of the road, making the distance between it and the lower timbers of the bridge only about six feet, clearly not sufficient to admit the…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GasscampTexas Supreme Court · 1888
- St. Louis Southwestern Railway Co. v. SmithCourt of Appeals of Texas · 1908
- Marshall & E. T. Ry. Co. v. PettyCourt of Appeals of Texas · 1911
- Marshall & E. T. Ry. Co. v. PettyCourt of Appeals of Texas · 1912
3Cited by6 opinions
- Shuford v. City of DallasTexas Supreme Court · 1945
- Beaty v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1916
- Beaty v. Missouri, K. & T. Ry. Co. of TexasTexas Supreme Court · 1916
- City of Dallas v. ShufordCourt of Appeals of Texas · 1945
- Masterson v. Panhandle & S. F. Ry. Co.Court of Appeals of Texas · 1917
1 more not listed; retrieve them via the Exa API.