Houston & Texas Central Railroad v. Nixon
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. March 14, 1877, J. E. Nixon and his wife Lizzie brought suit in the District Court of Travis county against the Houston and Texas Central Railroad Company for damages for negligently causing the death of their infant son, Willie Nixon, March 7, 1877. The defendant pleaded a general denial and contributory negligence. There was no question made upon the pleadings.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. March 14, 1877, J. E. Nixon and his wife Lizzie brought suit in the District Court of Travis county against the Houston and Texas Central Railroad Company for damages for negligently causing the death of their infant son, Willie Nixon, March 7, 1877. The defendant pleaded a general denial and contributory negligence. There was no question made upon the pleadings. A verdict was rendered for plaintiffs, and the defendant appealed. The facts sufficiently appear in the opinion.
1Opinion of the Court
Bonner, Associate Justice.—This is a suit for damages against the appellant, the Houston and Texas Central Railroad Company, brought by the appellees, J. R. Nixon and wife, for injuries from a moving train, which resulted in the death of their minor child, aged between four and five years.
The testimony showed that the deceased had strolled from the home of his parents, situated in the city of Austin, about one hundred yards from where the occurrence happened, and that before the train came up, he and two other children were playing under a culvert bridge on the railroad track at the…
2Cases cited13 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
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3Cited by32 opinions
- Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Gainesville, Henrietta & Western Railway Co. v. LacyTexas Supreme Court · 1893
- L. N. Brunswig & Co. v. WhiteTexas Supreme Court · 1888
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