G., C. & Santa Fe R'y Co v. Evansich
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. Appellee filed suit in the district court of Washington county, May 12, 1880, to recover damages of the railway company for injuries received while engaged in play with some other persons upon a turntable of defendants at Brenham, Texas.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. Appellee filed suit in the district court of Washington county, May 12, 1880, to recover damages of the railway company for injuries received while engaged in play with some other persons upon a turntable of defendants at Brenham, Texas. At the September term 1881, a demurrer to the petition was sustained and the cause dismissed, but on appeal this judgment was reversed (see 57 Tex., 127). The case was again tried at the March term, 1883, and resulted in a mistrial. At the September term, 1883, the case was tried by a jury,…
1Opinion of the Court
Stayton, Associate Justice.
The refusal to give the charge to which the fourth assignment relates was not error; for the third and fourth charges asked by the defendant, and given in a modified form, were applicable to the case, and presented clearly the legal proposition presented by the charge refused.
The charge complained of in the tenth assignment was correct; a similar charge was considered in G., C. & S. Fe R’y Co. v. Evansich, 61 Tex., 5, and it is unnecessary here to repeat the grounds on which the charge was held proper.
The second, fifth and sixth charges asked by the defendant, and *56re…
2Cases cited2 opinions
- G., C. & Santa Fe R'y Co. v. EvansichTexas Supreme Court · 1884
- Stewart v. City of RiponWisconsin Supreme Court · 1875
3Cited by7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1891
- Roberts v. ConnelleeTexas Supreme Court · 1888
- Mayes v. BlantonTexas Supreme Court · 1887
- Wichita Falls Traction Co. v. BerryCourt of Appeals of Texas · 1916
- MacKay Telegraph & Cable Co. v. KellyCourt of Appeals of Texas · 1917
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