Legal Opinion

El Paso Electric Ry. Co. v. Benjamin

Court of Appeals of Texas

Decided April 4, 1918No. 833Published

Appeal from District Court, El Paso County; Ballard Cold well, Judge. ' Suit by F. H. Benjamin and others against the {El Paso Electric Railway) Company. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtHiggins, J.

Mrs. F. H. Benjamin was riding as a guest of Mrs. R. L. Morris in an automobile being driven northerly on Octavia street, in the city of El Paso. The car was driven by Mrs. Morris. At the intersection of Octavia and Arizona streets, the automobile collided with a street ear of appellant, which was going westerly on Arizona street. As a result of the collision, Mrs. Benjamin was killed. The undisputed evidence shows that Mrs. Benjamin had no control over the operation of the automobile. This suit was brought by her surviving husband and children to recover damages resulting from her death.…

2Cases cited9 opinions

  1. Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
  2. Galveston v. KutacTexas Supreme Court · 1889
  3. Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
  4. International & Great Northern Railroad v. McVeyTexas Supreme Court · 1905
  5. Church v. WaggonerTexas Supreme Court · 1890

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