Missouri, Kansas & Texas Railway Co. v. Rodgers
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Hill County. Rodgers, a minor, brought this suit by next friend, to recover from the railway company damages for personal injuries, received by him while riding on a push-car belonging to defendant. He had verdict and judgment for $5000, and on the company’s appeal the case was affirmed by the Court of Civil Appeals, whereupon appellant obtained writ of error.
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Error to Court of Civil Appeals for Fourth District, in an appeal from Hill County. Rodgers, a minor, brought this suit by next friend, to recover from the railway company damages for personal injuries, received by him while riding on a push-car belonging to defendant. He had verdict and judgment for $5000, and on the company’s appeal the case was affirmed by the Court of Civil Appeals, whereupon appellant obtained writ of error. Defendant offered to prove by witnesses Denson and Rowland that it had issued rules and instructions forbidding any of its employees to allow' persons to ride on any…
1Opinion of the Court
BROWN, Associate Justice.
Sam H. Rodgers by his next friend sued the railway company to recover damages for personal injuries inflicted upon him by the alleged negligence of its servants in operating one of its hand or push-cars. Upon a trial before a jury he recovered the sum of $5000, from which the railway company appealed, and which judgment was affirmed by the Court of Civil Appeals. The conclusions of fact as found by the Court of Civil Appeals are as follows:
“The appellee, at the time of the accident, a boy between twelve and thirteen years old, of immature judgment and discretion, was…
2Cases cited8 opinions
- San Antonio & Aransas Pass Ry. Co. v. RobinsonTexas Supreme Court · 1889
- McDonald v. International & Great Northern Railway Co.Texas Supreme Court · 1893
- Cook v. Houston Direct Navigation Co.Texas Supreme Court · 1890
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- International & Great Northern Railway Co. v. GarciaCourt of Appeals of Texas · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Gulf, Texas & Western Railway Co. v. DickeyTexas Supreme Court · 1916
- Pope v. BeauchampTexas Supreme Court · 1920
- Rudes v. GottschalkTexas Supreme Court · 1959
- Texas & Pacific Railway Co. v. PhillipsTexas Supreme Court · 1897
- Southern Kansas Railway Co. v. SageTexas Supreme Court · 1905
38 more not listed; retrieve them via the Exa API.