Legal Opinion

Fort Worth & Denver City Railway Co. v. Day

Court of Appeals of Texas

Decided April 25, 1908PublishedCited by 7 opinions

Appeal from the District Court of Montague County. Tried below before Hon. Clem B. Potter.

1Opinion of the Court

SPEEB, Associate Justice.

J. B. Day sued the Fort Worth & Denver City Bailway Company to recover damages for personal injuries received by him in a collision between one of its passenger trains, on which he was a passenger, and two box cars loaded with wheat which had escaped onto the main line from a switch track during a storm, and from a judgment in his favor the company has appealed.

The following paragraphs of the court’s charge are objected to as being on the weight of the evidence and wrongfully imposing upon appellant the burden of proof: First. “The accident in which plaintiff claims…

2Cases cited1 opinion

  1. Mexican Central Railway Co. v. LauricellaTexas Supreme Court · 1894

3Cited by7 opinions

  1. Lamar v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1923
  2. Mitchell v. BurnettCourt of Appeals of Texas · 1909
  3. Wells Fargo & Co. v. GuilheimCourt of Appeals of Texas · 1914
  4. Abilene & S. Ry. Co. v. BurlesonCourt of Appeals of Texas · 1913
  5. Lamar v. Panhandle & S. F. Ry. Co.Court of Appeals of Texas · 1921

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