Baker v. Partney
Court of Appeals of Texas
Error from District Court, .Smith County; J. R. Warren, Judge. Action by Charles D. Partney against James A. Baker, receiver. Judgment for plaintiff, and defendant brings error. The defendant in error, Charles D. Part-ney, brought the suit for damages for personal injuries by reason of' a collision between an automobile truck driven by him, and one of the receiver’s passenger trains. The injury occurred at a public street crossing in the city limits of Troup, Tex.
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Error from District Court, .Smith County; J. R. Warren, Judge. Action by Charles D. Partney against James A. Baker, receiver. Judgment for plaintiff, and defendant brings error. The defendant in error, Charles D. Part-ney, brought the suit for damages for personal injuries by reason of' a collision between an automobile truck driven by him, and one of the receiver’s passenger trains. The injury occurred at a public street crossing in the city limits of Troup, Tex. The negligence alleged is (1) the violation of the statute by failure to ring the bell and sound the whistle of the locomotive a…
1Opinion of the CourtLevy, J.
(after stating the facts as
above), [1] The first assignment of error is predicated upon the refusal of the trial court to give a requested peremptory instruction to the jury to return a verdict for the defendant. The point made is that under the evidence Mr.. Partney drove onto the track in front of the approaching train without exercising reasonable care to discover it, and was guilty of contributory negligence as a matter of law. It is believed that under the evidence it was an issue of fact for decision by the jury of whether or not Mr. Partney, in attempting to cross the track as he did,…
2Cases cited5 opinions
- Hines v. ArrantCourt of Appeals of Texas · 1920
- City of Carthage v. BurtonCourt of Appeals of Texas · 1908
- Abney v. PopeTexas Supreme Court · 1879
- Hines v. MesserCourt of Appeals of Texas · 1920
- Tatum v. FultonCourt of Appeals of Texas · 1920