G., C. & S. F. R'y Co. v. Wallen
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. J. B. McFarland. This was a suit by Eugene Wallen against the Gulf, Colorado and Santa Fe railway company to recover damages for injuries sustained by his wife, Carrie Wallen, in jumping- from a passenger train of the defendant, to avoid what she supposed would be a collision with defendant’s freight train, which was at the time approaching from behind. Defendant pleaded general denial and contributory negligence.
Read the full summary
Appeal from Burleson. Tried below before the Hon. J. B. McFarland. This was a suit by Eugene Wallen against the Gulf, Colorado and Santa Fe railway company to recover damages for injuries sustained by his wife, Carrie Wallen, in jumping- from a passenger train of the defendant, to avoid what she supposed would be a collision with defendant’s freight train, which was at the time approaching from behind. Defendant pleaded general denial and contributory negligence. The trial was by jury, and resulted in a verdict in favor of plaintiff for $5,000. Defendant made a motion for new trial, but the…
1Opinion of the Court
Robertson, Associate Justice.
The defendant neither caused nor contributed to the injury of plaintiff’s wife, unless it allowed the *572freight train to come so near to or so rapidly towards the passenger coach as to frighten the passengers. It does not appear from the testimony that a single one of those who leaped from the train, except the plaintiff, saw the freight train coming. When the plaintiff saw it, it was three or four hundred yards away, and, as he says, appeared to be moving rapidly. He does not state that he supposed from what he saw that there would be a collision. Ho one left the…
2Cited by6 opinions
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Beaty v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915
- Beaty v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1916
- Beaty v. Missouri, K. & T. Ry. Co. of TexasTexas Supreme Court · 1916
1 more not listed; retrieve them via the Exa API.