I. & G. N. R'y Co. v. Smith
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. Suit by the surviving wife of Thomas Smith, against the appellant, for damages resulting from the alleged negligence of the company and its employees. The facts as stated in the petition will be found in the opinion. The verdict and judgment were for the appellee for $8,000.
1Opinion of the Court
Willie, Chief Justice.
The statement of facts has been stricken from the transcript in this cause upon motion of the appellee. We can therefore consider only such assignments of error as do not depend for their support upon the evidence introduced upon the trial below.
The first assignment calls in question some of the allegations of the petition as being insufficient in law to entitle the plaintiff to a recovery. The proposition under this assignment is to the effect that these allegations show that contributory negligence on the part of the deceased was the proximate cause of his death.
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2Cases cited2 opinions
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
3Cited by8 opinions
- Davis v. Arkansas Southern R.Supreme Court of Louisiana · 1906
- International & Great Northern Railway Co. v. GarciaCourt of Appeals of Texas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. EvansSupreme Court of Arkansas · 1905
- Gulf, Colorado & Santa Fe Ry. Co. v. FossettTexas Supreme Court · 1886
- Gulp, Colorado & Santa Fe Railway Co. v. MillerCourt of Appeals of Texas · 1902
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