International & Great Northern Railway Co. v. Dalwigh
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in. an. appeal from Bexar County. Dalwigh sued the railway company for personal injuries hy collision with a train at a highway crossing. He had judgment, and defendant appealed, and on affirmance by the Court of Civil Appeals obtained writ of error.
1Opinion of the Court
GAINES, Chief Justice.
The defendant in error, while attempting to cross the track of plaintiff in error on a street in the city of San Antonio, was struck by an engine and was injured. This suit was brought to recover damages for the injuries so received.
The suit was predicated in part upon the alleged negligence of the servants of the defendant in failing to give the statutory signals upon approaching the crossing, and therefore it was a material issue upon the trial whether or not the required signals were given. Mrs. Theresa Laux, a witness for the plaintiff, testified that she saw him…
2Cases cited4 opinions
- Hardtke v. StateWisconsin Supreme Court · 1886
- Lott v. KingTexas Supreme Court · 1891
- San Antonio & Aransas Pass Railway Co. v. HammonTexas Supreme Court · 1899
- McAlpin v. ZillerTexas Supreme Court · 1856
3Cited by32 opinions
- Cunningham v. NealCourt of Appeals of Texas · 1908
- Ripley v. StateCourt of Criminal Appeals of Texas · 1907
- Fort Worth & Rio Grande Ry. Co. v. JonesCourt of Appeals of Texas · 1905
- American Asphalt Co. v. O'RearCourt of Appeals of Texas · 1931
- Garrett v. StateCourt of Criminal Appeals of Texas · 1907
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