San Antonio & A. P. Ry. Co. v. McGill
Court of Appeals of Texas
Appeal from District Court, Ealls County; Richard I. Munroe, Judge. Action by Mrs. Virginia MoGill, for herself and as next friend for her minor children, against the San Antonio & Aransas Pass Railway Company. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtRice, J.
Mrs. Virginia McGill, for herself and as next friend for her seven minor children, 'brought this suit against appellant to recover damages for running against and killing her husband and their father, J. D. McGill, relying as a basis therefor on discovered peril and failure to exercise proper care to avoid the injury after having discovered his danger.
Appellant, after general and special exceptions and general denial, defended on the ground that the deceased was drunk and a trespasser, lying so near to its track as to be in danger of its passing trains, and also pleaded contributory…
2Cases cited8 opinions
- Curdy v. StaffordTexas Supreme Court · 1895
- Sanches v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1895
- Missouri, Kansas & Texas Railway Co. v. ReynoldsTexas Supreme Court · 1909
- San Antonio Traction Co. v. KelleherCourt of Appeals of Texas · 1908
- International & Great Northern Railway Co. v. McDonaldCourt of Appeals of Texas · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Texas Electric Service Co. v. KinkeadCourt of Appeals of Texas · 1935
- Cobb v. Texas N. O. R. Co.Court of Appeals of Texas · 1937
- Texas N. O. R. Co. v. PearsonCourt of Appeals of Texas · 1920
- Chicago, R. I. & G. Ry. Co. v. ShockleyCourt of Appeals of Texas · 1919
- San Antonio & A. P. Ry. Co. v. McGillCourt of Appeals of Texas · 1920
3 more not listed; retrieve them via the Exa API.