Legal Opinion

Ft. Worth & D. C. Ry. Co. v. Hart

Court of Appeals of Texas

Decided June 19, 1915No. 814PublishedCited by 15 opinions

Appeal from Wiebita County Court; C. B. Felder, Judge. Action by Leona Hart against the Ft. Worth & Denver City Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHendricks, J.

The appellee, Hart, sued the appellant railway company for damages to an automobile, alleged to have been sustained at a railway crossing in the city of Wichita Falls, asserting that the employSs in charge of the engine and cars causing the injury negligently failed to give any signals or warning of the approach to said crossing.

[1] The jury assessed damages in favor of appellee in the sum of $571, and the appellant assigns that the trial court erred in instructing the jury on “discovered peril,” for the reason that plaintiff’s pleading did not present such an issue for consideration. This…

2Cases cited9 opinions

  1. I. G.N.R.R. Co. v. EdwardsTexas Supreme Court · 1906
  2. Sanches v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1895
  3. Missouri, Kansas & Texas Railway Co. v. MageeTexas Supreme Court · 1899
  4. Boyd v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1908
  5. G., H. & S. A. R'y Co. v. BrackenTexas Supreme Court · 1883

4 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Texas & N. O. R. v. StrattonCourt of Appeals of Texas · 1934
  2. Texas & N. O. Ry. Co. v. WagnerCourt of Appeals of Texas · 1923
  3. Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1919
  4. Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1919
  5. El Paso Electric Ry. Co. v. TerrazasCourt of Appeals of Texas · 1919

10 more not listed; retrieve them via the Exa API.

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