Legal Opinion

International & Great Northern Railroad v. Cock

Texas Supreme Court

Decided October 28, 1887No. 5830PublishedCited by 5 opinions

Appeal from Hays. Tried below before the Hon. H. Teichmueller. Suit instituted by appellee, O. S. Cock, for damges resulting from the alleged negligence of defendant about the thirty-first of August, 1884. Appellee was a ."justice of the peace residing at San Marcos, Hays county. At that time appellant owned and operated a line of railway, extending from Laredo to and beyond Taylor, and was a carrier of freight and passengers, over said line of road for hire.

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Appeal from Hays. Tried below before the Hon. H. Teichmueller. Suit instituted by appellee, O. S. Cock, for damges resulting from the alleged negligence of defendant about the thirty-first of August, 1884. Appellee was a ."justice of the peace residing at San Marcos, Hays county. At that time appellant owned and operated a line of railway, extending from Laredo to and beyond Taylor, and was a carrier of freight and passengers, over said line of road for hire. Thomas Hume was appellant’s train master, and dispatcher for this division, stationed at San Antonio, and had charge of all freight and…

1Opinion of the Court

Maltbie, Judge.

The judgment is sought to be reversed upon a number of grounds. Among others, the following charge of the court is complained of and assigned as error:

First. “The jury is instructed that according to the undisputed evidence submitted to you, the plaintiff was on defend*719ant’s car, either at the invitation or with the consent of the ^servants, authorized by the general train master of defendant company. You are instructed that the plaintiff was lawfully on said car, and that the defendant would be liable in damages for any injury the plaintiff may have sustained while on said car,…

2Cases cited1 opinion

  1. Prince v. I. & G. N. R'y Co.Texas Supreme Court · 1885

3Cited by5 opinions

  1. Missouri, Kansas & Texas Railway Co. v. RodgersTexas Supreme Court · 1896
  2. Louisville & Nashville Railroad v. WadeSupreme Court of Florida · 1903
  3. Frick v. International & G. N. Ry. Co.Court of Appeals of Texas · 1918
  4. Galveston, Harrisburg & San Antonio Railway Co. v. GarteiserCourt of Appeals of Texas · 1895
  5. Hines v. ParsonsCourt of Appeals of Texas · 1920

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