Legal Opinion

Texas & P. Ry. Co. v. Barnwell

Court of Appeals of Texas

Decided December 24, 1910PublishedCited by 1 opinion

Appeal from District Court, Grayson County; B. L. Jones, Judge. Action by G. S. Barnwell against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRainey, C. J.

Appellee brought this suit against the appellant to recover damages for personal injuries received by him at a street crossing in Sherman, by being struck with one of appellant’s cars in making a running switch. Appellant answered by general denial, assumed risk, and contributory negligence on the part of appellee. A trial resulted iñ a judgment for plaintiff for $800, and appellant -appeals.'

Appellant complains of a paragraph of the court’s charge which reads; “If you find for plaintiff, you will allow him by your verdict such a sum as you may believe from the evidence will as a present cash…

2Cases cited5 opinions

  1. City of Dallas v. JonesTexas Supreme Court · 1899
  2. Texas Central Railway Co. v. BrockTexas Supreme Court · 1895
  3. Dallas Consolidated Electric Street Railway Co. v. EnglishCourt of Appeals of Texas · 1906
  4. Schoelkopf v. PhillipsTexas Supreme Court · 1895
  5. Texas & Pacific Railway Co. v. DurrettCourt of Appeals of Texas · 1900

3Cited by1 opinion

  1. Cullinan v. HareCourt of Appeals of Texas · 1944

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