Legal Opinion

Chicago, R. I. & G. Ry. Co. v. Zumwalt

Court of Appeals of Texas

Decided December 22, 1920No. 1729PublishedCited by 8 opinions

Appeal from District Court, Potter County; Henry S. Bishop, Judge. Action by J. B. Zumwalt against the Chicago, Rock Island & Gulf Railway Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtHall, J.

Appellee, Zumwalt, brought this action against the appellant to recover damages on account of a collision between the defendant’s passenger train and a truck which appellee was driving over a public crossing in the town of Yega. Appellee alleged that defendant was negligent: (1) In failing to warn plaintiff of the approach of said train; (2) in failing to have a competent watchman, or any watchman, at the crossing to give warning of the approach of said train; (3) in failing to give plaintiff any notice whatsoever of the approach of said train; (4) in allowing a long freight train to stand so…

2Cases cited3 opinions

  1. Pecos & N. T. Ry. Co. v. McMeansCourt of Appeals of Texas · 1916
  2. Baker v. StreaterCourt of Appeals of Texas · 1920
  3. Panhandle & S. F. Ry. Co. v. TisdaleCourt of Appeals of Texas · 1917

3Cited by8 opinions

  1. Chicago, R. I. & G. Ry. Co. v. ZumwaltTexas Commission of Appeals · 1922
  2. El Paso Electric Co. v. CollinsCourt of Appeals of Texas · 1928
  3. Baker v. HodgesCourt of Appeals of Texas · 1921
  4. Smith v. Galveston-Houston Electric Ry. Co.Court of Appeals of Texas · 1924
  5. Houston Electric Co. v. SettleCourt of Appeals of Texas · 1932

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