Houston & T. C. R'y Co. v. Simpson
Texas Supreme Court
Error from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit brought by S. P. Simpson, a minor, by his next friend, John L. Simpson, against the H. & T. C. R’y Co., to recover damages for injuries received by S. P. Simpson, on the 12th day of October^ 1878, in having his right leg caught and crashed in a turn-table located at Denison, in defendant’s yard at that place, and being defendant’s property.
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Error from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit brought by S. P. Simpson, a minor, by his next friend, John L. Simpson, against the H. & T. C. R’y Co., to recover damages for injuries received by S. P. Simpson, on the 12th day of October^ 1878, in having his right leg caught and crashed in a turn-table located at Denison, in defendant’s yard at that place, and being defendant’s property. It was alleged that the turn-table was located in a populous city; that it was unprovided with any means of fastening when not in use; that it was not kept fastened; that it was a…
1Opinion of the Court
Stayton, Associate Justice.
After the court had instructed the jury as to the degree of care requisite in a child, the following instruction was given:
“If you believe, from the evidence, that the plaintiff, S. P. Simpson, had intelligence enough to know and appreciate the peril of *105getting on the defendant’s turn-table, in the manner the evidence ¡ shows he did; or if you believe he was warned by defendant’s employee not to get on said table, and that it was dangerous to do so, and said Simpson understood and appreciated such warning, but did nevertheless get on said turn-table, and was thereby…
2Cases cited1 opinion
- Railroad Co. v. StoutSupreme Court of the United States · 1874
3Cited by20 opinions
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Littlejohn v. Midland Valley R. Co.Supreme Court of Oklahoma · 1915
- Elwood Electric Street Railway Co. v. RossIndiana Court of Appeals · 1900
- Galveston Electric Co. v. AntoniniCourt of Appeals of Texas · 1912
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