Albright v. Penn
Texas Supreme Court
Error from Houston. The defendant’s ferryman testified, “ that after he had fastened the boat for the last wagon, the “ plaintiff said the boat was not fastened right; that it ought “ to be swung more loose, the driver, Atkinson, saying also, “ that he knew the duties of a ferryman, and that it should “ swing loose ; that he, the witness, stated that such was not “ his custom, but if they wanted it that way, they could fix it “ as they pleased ; and that the driver…
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Error from Houston. The defendant’s ferryman testified, “ that after he had fastened the boat for the last wagon, the “ plaintiff said the boat was not fastened right; that it ought “ to be swung more loose, the driver, Atkinson, saying also, “ that he knew the duties of a ferryman, and that it should “ swing loose ; that he, the witness, stated that such was not “ his custom, but if they wanted it that way, they could fix it “ as they pleased ; and that the driver (Atkinson) then, at the “ request of the plaintiff, unloosened the boat and lengthened “ the chain, so as to make it hang more…
1Opinion of the Court
Hemphill, Ch. J.
This action was brought by Greenville W. Penn against Jacob Albright (who kept a ferry on the Trinity river,) to recover the damages sustained by reason of the failure of said Albright to safely ferry the wagon and team of the plaintiff across the said river.
*293The plaintiff alleged that, owing to inattention and gross negligence of the said Albright and his ferryman, in fastening his boat, after the team and fore wheels had entered the boat, when the hind wheels struck said boat, the chain which fastened the same to the bank, being cracked and of not sufficient strength for that…
2Cited by6 opinions
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- Gulf, C. & S. F. Ry. Co. v. PerskyCourt of Appeals of Texas · 1918
- Slimmer v. MerrySupreme Court of Iowa · 1867
- Gilleland v. DrakeTexas Commission of Appeals · 1881
- Tex. & Pacif. R. R. v. MorseCourt of Appeals of Texas · 1883
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