Legal Opinion

Trinity & B. V. Ry. Co. v. McDonald

Texas Commission of Appeals

Decided February 19, 1919No. 35-2683PublishedCited by 27 opinions

Error to Court of Civil Appeals of Fifth Supreme Judicial District. Action by John W. McDonald against the Trinity & Brazos Valley Railway Company. Judgment for plaintiff affirmed by Court of Civil Appeals (160 S. W. 984), and defendant brings error.

1Opinion of the CourtMontgomery, P. J.

We take the following statement from the opinion of the Court of Civil Appeals which is -reported in 160 S. W. 984:

“Appellee [McDonald] sued the railway company to recover damages for personal injuries received by him while a passenger on appellant’s train. Plaintiff, in substance, alleged that while traveling as a passenger on appellant’s train operated between Hillsboro and Osceola, Tex., he had occasion to go into one of the toilet rooms situated in said coach and maintained by appellant; when he raised up the top of said toilet, the wind rushed up through the opening of said toilet with…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
  2. International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
  3. International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
  4. Trinity & B. v. Ry. Co. v. McDonaldCourt of Appeals of Texas · 1913

3Cited by27 opinions

  1. Renfro Drug Co. v. LewisTexas Supreme Court · 1950
  2. Gulf, C. & S. F. Ry. Co. v. ConleyTexas Supreme Court · 1924
  3. San Antonio & A. P. Ry. Co. v. BehneTexas Commission of Appeals · 1921
  4. Paris & G. N. Ry. Co. v. StaffordTexas Commission of Appeals · 1932
  5. Kuemmel v. VradenburgCourt of Appeals of Texas · 1951

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