Legal Opinion

Texas & Pacific Railway Co. v. Woods

Court of Appeals of Texas

Decided October 10, 1894No. 490PublishedCited by 5 opinions

Appeal from Wood. Tried below before Hon. Felix J. McCord. 1. If plaintiff’s wife got off the train at the time and place in question of her own free will, or at the invitation of some one who was not an agent or servant of defendant, plaintiff would not be entitled to recover, and it was error to qualify the charge by the addition of the sentence, “if an ordinarily prudent person would not have done so under similar circumstances; ’ ’ thereby instructing the jury that even…

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Appeal from Wood. Tried below before Hon. Felix J. McCord. 1. If plaintiff’s wife got off the train at the time and place in question of her own free will, or at the invitation of some one who was not an agent or servant of defendant, plaintiff would not be entitled to recover, and it was error to qualify the charge by the addition of the sentence, “if an ordinarily prudent person would not have done so under similar circumstances; ’ ’ thereby instructing the jury that even though the causal connection between the original wrong — if such was found — and the injury was broken by au…

1Opinion of the Court

FINLEY, Associate Justice.

This suit was instituted in the District Court of Wood County, on November 10, 1890, by the plaintiff, John H. Woods, to recover from the defendant the sum of $2000 as damages alleged to have been sustained by his wife, alleging for cause of action, in substance, as follows: That on May 22, 1890, plaintiff’s wife purchased a ticket at Mineóla and took passage on defendant’s regular west-bound passenger train of same date to go to Mesquite station, in Dallas County, on defendant’s said line of railway; that she had her child of about 13 months of age with her; that…

2Cases cited4 opinions

  1. Jones v. GeorgeTexas Supreme Court · 1884
  2. Conwill v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1892
  3. Eames v. T. & N. O. R'y Co.Texas Supreme Court · 1885
  4. Texas Pacific Railway Co. v. JamesTexas Supreme Court · 1891

3Cited by5 opinions

  1. Missouri, O. & G. Ry. Co. v. MillerSupreme Court of Oklahoma · 1915
  2. Chicago, R. I. & P. R. Co. v. PickettSupreme Court of Oklahoma · 1934
  3. Texas & Pacific Railway Co. v. BeckworthCourt of Appeals of Texas · 1895
  4. Corrigan v. Oklahoma Coal Co.Supreme Court of Oklahoma · 1918
  5. Fort Worth & D. C. Ry. Co. v. MorrowCourt of Appeals of Texas · 1923

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