Marshall Traction Co. v. Young
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by N. C. Young against the Marshall Traction Company. Judgment for plaintiff, and defendant appeals. The suit was by appellee against appellant for damages for injury to his person, caused by negligence on the part of employés of appellant operating one of its street cars on East Austin street in the city of Marshall.
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Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by N. C. Young against the Marshall Traction Company. Judgment for plaintiff, and defendant appeals. The suit was by appellee against appellant for damages for injury to his person, caused by negligence on the part of employés of appellant operating one of its street cars on East Austin street in the city of Marshall. Appellee in the nighttime was riding horseback, going west on said street, and the street car was west of him, moving east. His account of the accident, testifying as a witness, was as follows: “My horse…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). We do not agree with appellant that the verdict was without support in the testimony. On the contrary, we think (and find) it warranted the conclusion reached by the jury that appellee, without fault on his part, was injured as the result of negligence on the part of the motorman, as charged. The jury had a right to believe that appellee told the truth when he testified that his horse was uncontrollable, and therefore that he was not to blame because he did not get the horse away from the car as it approached. They had a right to conclude,…
2Cases cited11 opinions
- Ellis v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1894
- Citizens' Street Railway Co. v. LoweIndiana Court of Appeals · 1894
- Dabbs v. Rome Railway & Light Co.Court of Appeals of Georgia · 1910
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
- McVean v. Detroit United RailwayMichigan Supreme Court · 1904
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3Cited by1 opinion
- Bolich v. Prudential Insurance Co. of AmericaSupreme Court of North Carolina · 1932