Missouri, K. & T. Ry. Co. of Texas v. Milburn
Court of Appeals of Texas
Appeal from District Court, Grayson County; B. L. Jones, Judge. Action by W. M. Milburn against the Missouri, Kansas & Texas Railway Company of Texas. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtRainey, C. J.
Appellee sued appellant to recover damages on account of personal injuries sustained by his wife, as the result of being struck by an engine of appellant while she was traveling on Nelson street in the city of Denison. Defendant pleaded contributory negligence; that she did not use proper care and precaution to advise herself of the approach of the train; that she carelessly selected an unsafe and dangerous way to travel when there were safe routes-she could have traveled; and that it was negligence in her stopping and placing her foot on a rail of the track to tie her shoe string, and in not…
2Cases cited8 opinions
- Galveston City Railroad v. HewittTexas Supreme Court · 1887
- Fort Worth & Rio Grande Railway Co. v. BowenTexas Supreme Court · 1902
- Missouri, Kansas & Texas Railway Co. v. HawleyCourt of Appeals of Texas · 1909
- St. Louis Southwestern Ry. Co. of Texas v. McCauleyCourt of Appeals of Texas · 1911
- Rio Grande, Sierra Madre & Pacific Railway Co. v. MartinezCourt of Appeals of Texas · 1905
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3Cited by3 opinions
- Denbeigh v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1913
- Bowers v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1919
- Houston Electric Co. v. SchmidtCourt of Appeals of Texas · 1918