Texas & Pacific Railway Co. v. Morin
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On May 30, 1882, the plaintiff, Charles Morin, brought this suit by his next Mend, Damuse Morin, and in his amended petition, filed May 21, 1883, alleged, in substance, that on May 23, 1882, the defendant was the owner of a certain railway known as the Transcontinental Branch of the Texas & Pacific Railroad, which extended through Tarrant county; the minor plaintiff, Charles Morin, being then only thirty months…
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On May 30, 1882, the plaintiff, Charles Morin, brought this suit by his next Mend, Damuse Morin, and in his amended petition, filed May 21, 1883, alleged, in substance, that on May 23, 1882, the defendant was the owner of a certain railway known as the Transcontinental Branch of the Texas & Pacific Railroad, which extended through Tarrant county; the minor plaintiff, Charles Morin, being then only thirty months old, casually strayed upon defendant’s railway track, near his father’s residence, in Tarrant county, when the defendant…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by the appellee, a minor, through a next friend, to recover damages claimed *227to be the result of injuries to his person, received through the negligence of employes of defendant in the management of a train on the appellant’s railway. The child at the time of the injury was about thirty months of age; and the trial resulted in a judgment in its favor for $20,000. There are but two matters assigned as error which it will be necessary to consider:
1. It is assigned as error that the court erred in overruling the motion for a new trial, based on…
2Cases cited3 opinions
- Abeles v. BransfieldSupreme Court of Kansas · 1877
- Houston & Great Northern Railroad v. MillerTexas Supreme Court · 1879
- Sawyer v. SauerSupreme Court of Kansas · 1873
3Cited by20 opinions
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- Sax v. VottelerTexas Supreme Court · 1983
- Nelson v. KrusenTexas Supreme Court · 1984
- International & Great Northern Railroad v. ButcherTexas Supreme Court · 1905
- Green v. BaldreeCourt of Appeals of Texas · 1973
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