Houston & Texas Central Railway Co. v. Boozer
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Suit brought March 2, 1880, for personal injuries received byappellee while crossing the appellant’s track, in Denison, not .at a public crossing. The defense was a denial of the facts alleged in the petition, and contributory negligence. The trial resulted in a verdict for appellee for five thousand dollars, which was sustained over a motion for a new trial, and the appellant appealed.
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Suit brought March 2, 1880, for personal injuries received byappellee while crossing the appellant’s track, in Denison, not .at a public crossing. The defense was a denial of the facts alleged in the petition, and contributory negligence. The trial resulted in a verdict for appellee for five thousand dollars, which was sustained over a motion for a new trial, and the appellant appealed. The appellee was injured when crossing the road track in a path that had been used by the public as a crossing. Appellee testified that he…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by appellee, through his next friend, to recover damages for an injury alleged to have been caused by negligence of the employes of the appellant.
At the time of the injury the appellee was a child in his twelfth year, and he was injured while attempting to cross the railway track.
The first assignment of error is as follows: “The court erred in the fifth paragraph of its charge to the jury, wherein it is stated by the court to the jury that in estimating the amount of damages that plaintiff might recover, the jury might consider plaintiff’s…
2Cited by36 opinions
- Dallas Railway & Terminal Co. v. RogersTexas Supreme Court · 1949
- Kallum v. WheelerTexas Supreme Court · 1937
- State v. DunlapSupreme Court of Alabama · 1966
- St. Louis & Texas Railway Co. v. CrosnoeTexas Supreme Court · 1888
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MacyIndiana Court of Appeals · 1915
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