Houston & Texas Central Railway Co. v. Gorbett
Texas Supreme Court
Error from Brazos. Tried below before the Hon. D. M. Prendergast. This suit was brought, in December, 1874, by O. S. Gorbett, as plaintiff below, to recover damages from the Houston and Texas Central Railway Company, defendant below, for personal injuries received by him as a passenger on defendant’s railway, while attempting to get off the cars at Bryan station, Brazos county, on the night of the 16 th of November, 1874. Plaintiff below claimed that at that time defendant…
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Error from Brazos. Tried below before the Hon. D. M. Prendergast. This suit was brought, in December, 1874, by O. S. Gorbett, as plaintiff below, to recover damages from the Houston and Texas Central Railway Company, defendant below, for personal injuries received by him as a passenger on defendant’s railway, while attempting to get off the cars at Bryan station, Brazos county, on the night of the 16 th of November, 1874. Plaintiff below claimed that at that time defendant was an incorporated company, engaged in the carriage of passengers for hire, and that he entered said car at Hemp-stead…
1Opinion of the Court
Gould, Associate Justice.
The charge of the court embodied the law of the case, aud was, we think, free from any material error. It recognized the well-settled law, that the plaintiff cannot recover if Iris own negligence contributed to *581produce his injury, and at the same time told the jury, that if there was negligence both on his part and on the part of defendant, “ it is not the least degree of fault on the part of plaintiff that will prevent him from recovering; but it must be such a degree as to amount to a want, of ordinary or reasonable care on his part, under the circumstances, at the…
2Cited by13 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ConleyTexas Supreme Court · 1924
- Gulf, C. & S. F. Ry. Co. v. ConleyTexas Supreme Court · 1924
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Texas & Pacific Railway Co. v. GeigerTexas Supreme Court · 1890
- H. & T. C. R'y Co. v. LeslieTexas Supreme Court · 1882
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