G., H. & S. A. R'y Co. v. Smith
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. Everett .Lewis. Appellee sued to recover for personal injuries received while alight! mg from the cars of appellant at Kingsbury depot, claiming that the injuries were caused by the negligence of the servants of appellant in not stopping the train for the time required by law.
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Appeal from Guadalupe. Tried below before the Hon. Everett .Lewis. Appellee sued to recover for personal injuries received while alight! mg from the cars of appellant at Kingsbury depot, claiming that the injuries were caused by the negligence of the servants of appellant in not stopping the train for the time required by law. Appellant defended upon the ground that plaintiff, in alighting from the train while in motion, was guilty of such contributory negligence as precluded a recovery upon his part. Verdict and judgment for appellee for $1,250.
1Opinion of the Court
Watts, J. Com. App.—
Negligence upon the part of appellee in alighting from the moving train is asserted as a defense against a recovery for the injuries received by him in falling from the platform as he stepped from the train.
The supreme court of Arkansas, in the case of St. Louis, I. M. & S. R. R. Co. v. Cantrell, reported in American and English Railroad Cases, vol. 8, part 1, p. 202, said: “That it is imprudent and want of care, as a general proposition, to alight from a train while it is in motion; but whether it was so in a particular case must depend upori the circumstances under which…
2Cited by12 opinions
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
- Atchison, Topeka & Santa Fé Railroad v. McCandlissSupreme Court of Kansas · 1885
- Missouri, Kansas & Texas Railway Co. v. McElreeCourt of Appeals of Texas · 1897
- San Antonio & Aransas Pass Railway Co. v. JacksonCourt of Appeals of Texas · 1905
- Galveston, Houston & Northern Railway Co. v. MorrisonCourt of Appeals of Texas · 1907
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