Legal Opinion

Fitzgibbons v. Galveston Electric Co.

Court of Appeals of Texas

Decided April 21, 1911PublishedCited by 7 opinions

Error from District Court, Galveston County; Lewis Fisher, Judge. Action by Patsy Fitzgibbons and wife against the Galveston Electric Company. From a judgment for defendant, plaintiffs bring error.

1Opinion of the CourtMcMEANS, J.

Patsy Fitzgibbons and wife brought this suit against the Galveston Electric Company, which operates a street railway in the city of Galveston, for damages growing out of the death of their son, Wilbur, a boy 9% years old, caused by being run over by one of its street cars at a street crossing. The allegations of negligence, omitting those that were abandoned upon the trial in the court below, consisted of the following: That the employes' of defendant operating the car did not have the car under proper control; that the operatives were incompetent and inexperienced; that the car was being…

2Cases cited2 opinions

  1. Linch v. Paris Lumber and Grain Elevator Co.Texas Supreme Court · 1891
  2. State v. BurgdoerferSupreme Court of Missouri · 1891

3Cited by7 opinions

  1. Methodist Hospitals of Dallas v. Texas Industrial Accident BoardCourt of Appeals of Texas · 1991
  2. Anderson v. PetersonNorth Dakota Supreme Court · 1952
  3. People ex rel. Peterson v. OmenIllinois Supreme Court · 1919
  4. Wentworth v. MedellinCourt of Appeals of Texas · 1975
  5. Settegast v. MeyerCourt of Appeals of Texas · 1923

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