H. & T. C. R'y Co. v. Richards
Texas Supreme Court
Error from Collin. Tried below before the Hon. Joseph Bledsoe. Suit by defendant in error to recover damages for injuries received from the alleged carelessness and gross negligence of the defendant’s servants in running its locomotive and cars against him,, whereby he was thrown from the track, his arm and leg broken, and lie was permanently disabled.
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Error from Collin. Tried below before the Hon. Joseph Bledsoe. Suit by defendant in error to recover damages for injuries received from the alleged carelessness and gross negligence of the defendant’s servants in running its locomotive and cars against him,, whereby he was thrown from the track, his arm and leg broken, and lie was permanently disabled. He alleged that in consequence of his injuries he suffered great pain, and incurred heavy expense by loss of time, medical bills, expenses for nursing and attendance, etc., laying his damages at $10,000. The defendant answered by a general…
1Opinion of the Court
Delany, J. Cow. App.—
It is well established in this state that he who seeks redress for the wrongful act of another must use due diligence to prevent loss or injury therefrom. Brandon v. Manufacturing Co., 51 Tex., 121. And where the plaintiff has, by his own want of proper care, contributed to the injury of which he complains, a recovery will be denied him. H. & T. C. R’y Co. v. Gorbett, 49 Tex., 573; R. R. Co. v. Randall, 50 Tex., 254; R. R. Co. v. Le Gierse, 51 Tex., 189, and many later cases.
It is also held in other states that if the plaintiff, in setting out his cause of action, shows…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
- W. A. Morgan & Bros. v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1917
- St. Louis & Texas Railway Co. v. CrosnoeTexas Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.