Osteen v. Dallas Consol. Electric St. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Dallas County; Kenneth Foree, Judge. ■ Action by Ed Osteen against the Dallas Consolidated Electric Street Railway Com: pany. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRainey, C. J.
Appellant instituted this suit against the appellee to recover damages for personal injuries sustained by him, occasioned by being thrown from a moving car.
Appellee pleaded general denial and contributory negligence. A trial, resulted in a verdict and judgment in favor of the railway company, and appellant appeals.
The appellant assigns error as follows: “The court erred in giving to the jury the fourth special charge, requested by defendant, as follows: ‘If you find and believe from the evidence that plaintiff left his seat voluntarily, and that the conductor did not request the plaintiff to…
2Cases cited2 opinions
- Burton v. West Jersey Ferry Co.Supreme Court of the United States · 1885
- Jacobs v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1901
3Cited by1 opinion
- Dallas Railway & Terminal Co. v. WindsorCourt of Appeals of Texas · 1947