Texas & Pac. Ry. Co. v. Key
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by Dreeben Key, by his next friend, against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Dreeben Key, a boy nine years old, sues, through his father as next friend, the appellant for damages for personal injuries.
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Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by Dreeben Key, by his next friend, against the Texas & Pacific Railway Company. Judgment for plaintiff, and defendant appeals. Dreeben Key, a boy nine years old, sues, through his father as next friend, the appellant for damages for personal injuries. The boy was struck and knocked down by a moving car, and the flange of one wheel ran over his foot, grievously injuring him, while he was walking across the extreme north track, where a pathway crosses it at the west end, in the yard of appellant at Marshall. The injury…
1Opinion of the Court
LEVY, J..
(after stating the facts as above).
[1,2] Error is predicated upon the refusal of the court to grant a new trial upon the ground that the verdict is contrary to the evidence, in that there was no such crossing used by the public at the place appellee was hurt as would make it the duty of the employes operating the cars to keep a watch for his presence there. As to whether there was a footpath commonly used by the public, leading across, the railway track at the place of injury'to the opening in the north fence, was a matter about which there is conflicting evidence. Taking the…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- St. Louis & Texas Railway Co. v. CrosnoeTexas Supreme Court · 1888
- Stephenville, N. & S. T. Ry. Co. v. VossCourt of Appeals of Texas · 1913
3Cited by1 opinion
- Broughton v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1916