Hargis v. St. Louis, Arkansas & Texas Railway Co.
Court of Appeals of Texas
Appeal from Titus. Tried below before Hon. W. P. McLean. The facts are given in opinion. The charges discussed are as follows: “ 4. The burden of proof is on the plaintiff to show his right to recover by a preponderance of the evidence. He must not only show by such preponderance that employes of defendant did intentionally frighten the team of plaintiff, and that he was thereby injured.
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Appeal from Titus. Tried below before Hon. W. P. McLean. The facts are given in opinion. The charges discussed are as follows: “ 4. The burden of proof is on the plaintiff to show his right to recover by a preponderance of the evidence. He must not only show by such preponderance that employes of defendant did intentionally frighten the team of plaintiff, and that he was thereby injured. It is not sufficient that plaintiff's team became frightened at the noise made by the whistle, or bell, or escaping of steam from an engine of defendant company, and that in consequence of such fright…
1Opinion of the Court
GAINES, Associate Justice.
The appellant brought this suit against appellee to recover damages for personal injuries. The evidence showed that he had gone do Mount Pleasant in a wagon drawn by two mules, and had started home. On approaching defendant’s road near the depot in that town, he discovered a freight train with its engine near the crossing,, standing on the track. His mules became frightened at the engine and unmanageable, when he alighted from the wagon and drove them across the track on foot. Having passed the crossing he halted his team very near it, and while in the act of…
2Cited by25 opinions
- Parsons v. Crown Disposal Co.California Supreme Court · 1997
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- Western Union Telegraph Co. v. KerrCourt of Appeals of Texas · 1893
- Missouri, Kansas & Texas Railway Co. v. BelewCourt of Appeals of Texas · 1899
- Thompson v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1907
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