Citizens' Ry. Co. v. Hall
Court of Appeals of Texas
Appeal from District Court, McLennan County; Marshall Surratt, Judge. Action by Mrs. Virginia Hall against the Citizens’ Railway Company. Judgment for plaintiff, and defendant appeals. Appellee brought this suit for damages on account of injuries received by reason of the alleged negligence of appellant in failing to stop its car for a sufficient length of time to allow her to alight from said car, and in not having a conductor on said car.
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Appeal from District Court, McLennan County; Marshall Surratt, Judge. Action by Mrs. Virginia Hall against the Citizens’ Railway Company. Judgment for plaintiff, and defendant appeals. Appellee brought this suit for damages on account of injuries received by reason of the alleged negligence of appellant in failing to stop its car for a sufficient length of time to allow her to alight from said car, and in not having a conductor on said car. A trial before a jury resulted in a judgment for ap-pellee for $2,500, from which judgment ap- ' pellant prosecutes this appeal upon its assignments of…
1Opinion of the CourtJenkins, J.
(after stating the facts as above). [1] Appellant assigns error upon the third paragraph of the court’s charge as being upon the weight of the evidence, in that it assumes that the car was stopped to let passengers off of the train. The language complained of is as follows: “It was the duty of defendant’s motorman in charge of said ear when he stopped said car to let passengers on or off to exercise such care,” etc. This was that part of the charge wherein the legal duty of the motorman,- he being in charge of the car, is defined in general terms. The law as thus announced is applied to the…
2Cited by4 opinions
- Texas & N. O. R. v. BarhamCourt of Appeals of Texas · 1947
- Texas Pacific Coal & Oil Co. v. GrabnerCourt of Appeals of Texas · 1928
- Galveston, H. & H. R. v. HodnettCourt of Appeals of Texas · 1913
- Hoffman v. Pacific Electric Railway Co.California Court of Appeal · 1920