St. Louis Southwestern Ry. Co. of Texas v. Caudle
Court of Appeals of Texas
Appeal from District Court, Titus County ; R. T. Wilkinson, Judge. Action by O. W. Caudle against the St. ILouis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. The track of appellant’s railway ran east and west through Winfield. The depot was north of the main line track and 15 or 18 feet from it. South of that track, near to it, and running parallel with it, was another track.
Read the full summary
Appeal from District Court, Titus County ; R. T. Wilkinson, Judge. Action by O. W. Caudle against the St. ILouis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. The track of appellant’s railway ran east and west through Winfield. The depot was north of the main line track and 15 or 18 feet from it. South of that track, near to it, and running parallel with it, was another track. The tracks crossed a public street at a point 50 or 60 feet west of the depot. .Appellee lived 400 or 500 yards south of the tracks. About 3:30 o’clock of the morning of December…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). If it should be conceded that the testimony warranted findings involved in the verdict, that appellant was guilty of negligence in that (1) it obstructed the street with its train in violation of the statute (articles 1531e and 1531f, Vernon’s Ann. Pen. Code), and (2) did not have its depot 'lighted as required by law (article 6591, Vernon’s Statutes), we think it would nevertheless have to be held that the verdict was unauthorized, because the testimony did not warrant the further finding involved in it that such negligence w as a proximate…
2Cases cited2 opinions
- De La Pena v. International & Great Northern Railway Co.Court of Appeals of Texas · 1903
- Kelly v. Texas & Pacific Railway Co.Texas Supreme Court · 1904