Morgan v. Cockrell

Kirby, J.,

(after stating the facts). The trial court appears to have had an erroneous view of the degree of care required of appellant in the maintenance and operation of its light wires for giving service to the city, as shown in instruction No. 1, which stated that it “owed the public a high degree of care,” and that, if the defendant “failed to exercise a high degree of care,” etc., and the deceased was injured “while in the exercise of ordinary care for his own safety,” plaintiff should recover, apparently requiring the use of a higher degree of care of the appellant than ordinary care,…