Texas & Pacific Railway Co. v. Johnson
Texas Supreme Court
Petition for writ of error to Court of Civil Appeals, Second District, m an appeal from Tarrant County. Action by Johnson against the railway company, to recover for personal injuries, received by him while in defendant’s service as a conductor, in a collision with a train following bis own, caused by the negligence of the conductor of such following train.
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Petition for writ of error to Court of Civil Appeals, Second District, m an appeal from Tarrant County. Action by Johnson against the railway company, to recover for personal injuries, received by him while in defendant’s service as a conductor, in a collision with a train following bis own, caused by the negligence of the conductor of such following train. Plaintiff recovered in the trial court On defendant’s appeal a majority of the Court of Civil Appeals held that there was error in the charge, requiring reversal. (Railway v. Johnson, 34 S. W. Rep., 186.) On dissent by one of the judges…
1Opinion of the Court
BROWN, Associate Justice.
At the last term of this court this ease was before us on a certificate of dissent, and we then decided the main question which is presented by the application. (T. & P. Ry. Co. v. Johnson, 89 Texas, 519.) The application contains the additional point, that the court erred in not submitting to the jury a charge requested by the defendant below, presenting an issue as to whether the plaintiff was guilty of contributory negligence in failing to register the time at which his train departed from Fort Worth. The Court of Civil Appeals rightly held that the matter was not…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. JohnsonTexas Supreme Court · 1896
3Cited by9 opinions
- Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Texas Cent. R. Co. v. DumasCourt of Appeals of Texas · 1912
- Providence-Washington Ins. Co. v. OwensCourt of Appeals of Texas · 1918
- Perez v. San Antonio & Aransas Pass Railway Co.Court of Appeals of Texas · 1902
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