San Antonio & Aransas Pass Railway Co. v. Lynch
Court of Appeals of Texas
Appeal from DeWitt. Tried below before Hon. James C. Wilson. The charges asked by the defendant were as follows: “5. Even if you believe from the evidence that passengers were at times carried on freight trains of defendant company, yet you must not find for plaintiffs unless you believe such carriage of passengers on freight trains was habitually permitted without objection by defendant company.
Read the full summary
Appeal from DeWitt. Tried below before Hon. James C. Wilson. The charges asked by the defendant were as follows: “5. Even if you believe from the evidence that passengers were at times carried on freight trains of defendant company, yet you must not find for plaintiffs unless you believe such carriage of passengers on freight trains was habitually permitted without objection by defendant company. And if you believe defendant had at the time in question a regulation prohibiting such carrying of passengers on freight trains, and was making reasonable, effort to enforce such rule, it can not be…
1Opinion of the Court
WILLIAMS, Associate Justice.
Appellant, as widow of James Lynch, deceased, for herself and as next friend of the minor children of herself and said Lynch, brought this action to recover of defendant damages resulting to them from the death of their husband and father, alleged to have been caused by the negligence of the defendant.
From a judgment in favor of plaintiffs, this appeal is prosecuted.
There are many assignments of error, all of which have been examined; but, as the case is to be reversed, it is necessary only to men tion in detail those which we hold to be well taken, and such others…
2Cases cited1 opinion
- Saint Louis, Arkansas & Texas Railway Co. v. JohnstonTexas Supreme Court · 1890
3Cited by4 opinions
- Simmons v. Oregon RailroadOregon Supreme Court · 1902
- Spence v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Goodney v. Int'l. G. N. R. R. Co.Court of Appeals of Texas · 1908
- Wells Fargo & Co. Express v. MitchellCourt of Appeals of Texas · 1911