Yoes v. Texas & P. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Action by W. F. Yoes. against the Texas & Pacific Railway Company. Judgment for defendant, and plaintiff appeals. The appellant claims that while a passenger in the caboose of one of appellee’s freight trains he was suddenly thrown to the floor of the car, and thereby sustained personal injury through negligent operation of the train.
Read the full summary
Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Action by W. F. Yoes. against the Texas & Pacific Railway Company. Judgment for defendant, and plaintiff appeals. The appellant claims that while a passenger in the caboose of one of appellee’s freight trains he was suddenly thrown to the floor of the car, and thereby sustained personal injury through negligent operation of the train. The negligence alleged in the petition is that the engine and cars were backed against the caboose with great force and violence. The defendant pleaded denial, contributory negligence in using a…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1-3] The appellant insists that the finding of the jury that the railway company was not guilty of negligence was contrary to the evidence, and was caused by an erroneous instruction as to the degree of care required of the railway company to avoid injury to him, a passenger. Negligence, as applied to a passenger, is the rule that should have been submitted to the jury. Railway Co. v. Atkins, 185 S. W. 306. And we think that the jurors, in reaching an answer to the above special issue, were probably misled by the instruction as given by the court respecting…
2Cases cited1 opinion
- Paris & G. N. Ry. Co. v. AtkinsCourt of Appeals of Texas · 1916
3Cited by14 opinions
- West Texas Coaches, Inc. v. MadiTexas Commission of Appeals · 1930
- Commercial Standard Ins. Co. v. ShuddeCourt of Appeals of Texas · 1934
- Wichita Valley Ry. Co. v. WilliamsCourt of Appeals of Texas · 1928
- McClelland v. MoungerCourt of Appeals of Texas · 1937
- Traders & General Ins. Co. v. BoysenCourt of Appeals of Texas · 1939
9 more not listed; retrieve them via the Exa API.