International & Great Northern Railway Co. v. Rhoades
Court of Appeals of Texas
Appeal from the County Court of Milam. Tried below before Hon. W. M. McGregor. The sixth assignment of error, referred to in the opinion, was as follows : “The court erred in charging the jury that a passenger, in getting off a train, is required to use such care and diligence as a prudent, cautious, and competent person would use under similar circumstances/ the same being an erroneous statement of the law,- the care that a prudent, cautious, and competent person would…
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Appeal from the County Court of Milam. Tried below before Hon. W. M. McGregor. The sixth assignment of error, referred to in the opinion, was as follows : “The court erred in charging the jury that a passenger, in getting off a train, is required to use such care and diligence as a prudent, cautious, and competent person would use under similar circumstances/ the same being an erroneous statement of the law,- the care that a prudent, cautious, and competent person would exercise not being the equivalent of such care as an ordinarily prudent person would exercise under similar circumstances.”…
1Opinion of the Court
FISHER, Chief Justice.
This is an action by appellee Bhoades against the railway company for damages which he alleges were sustained by him through negligence of the defendant in failing to stop its train, on which he was a passenger, at the usual stopping place for passengers to alight from trams at Gause, on the night of April 26, 1898, which was the place that plaintiff desired to leave the train; and that by ringing the bell and blowing the whistle it caused the plaintiff to believe that the train had slowed up, when it had not, but was moving rapidly, it being too dark for the plaintiff…
2Cases cited6 opinions
- Highland Avenue & Belt Railroad v. WinnSupreme Court of Alabama · 1890
- Georgia Railroad & Banking Co. v. McCurdySupreme Court of Georgia · 1872
- South & North Alabama Railroad v. SchauflerSupreme Court of Alabama · 1883
- McCaslin v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Averch v. JohnstonSupreme Court of Colorado · 1932
- Kansas City, M. & O. Ry. Co. v. CaveCourt of Appeals of Texas · 1915
- Trinity Valley & N. Ry. Co. v. GreenCourt of Appeals of Texas · 1913
- Hines v. O'BrienCourt of Appeals of Texas · 1920