G., H. & H. R'y Co. v. Moore
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. Grant Moore, who brought this suit, he being but six years old when injured by plaintiff in .error, alleged that on the 20th of December, 1880, while crossing appellant’s road at a point where it crosses Maple street, in the city of Houston, he was run over by its cars, and bis left leg thereby cut off between the knee and the ankle.
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Error from Harris. Tried below before the Hon. James Masterson. Grant Moore, who brought this suit, he being but six years old when injured by plaintiff in .error, alleged that on the 20th of December, 1880, while crossing appellant’s road at a point where it crosses Maple street, in the city of Houston, he was run over by its cars, and bis left leg thereby cut off between the knee and the ankle. It was alleged that the occurrence took place within the corporate limits of Houston, at a public street crossing, and was caused by the negligence of the servants in charge of its train, and without…
1Opinion of the Court
Stayton, Associate Justice.
— The charge in all cases should be made with reference to the case made by the evidence; and in this case the court did not err in charging with regard to an injury inflicted upon the plaintiff while upon the track of the defendant’s railway, for the facts in evidence left but little, if any, doubt that the injury was received by the plaintiff while upon the track of the railway. There was no assumption of that fact, however, in the charge; nor is there any complaint that the charges were not correct as legal propositions.
It is claimed that the court erred in…
2Cases cited5 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Robinson v. ConeSupreme Court of Vermont · 1850
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Gwynne v. NeiswangerOhio Supreme Court · 1849
3Cited by39 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Gully v. GullyTexas Supreme Court · 1921
- Gulley v. GulleyTexas Supreme Court · 1921
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
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