Legal Opinion

International & Great Northern Railroad v. Butcher

Texas Supreme Court

Decided February 20, 1905No. 1398PublishedCited by 37 opinions

Error to the Court of Civil Appeals for the First District, in an appeal from Harris County. Butcher sued the railway company and obtained a judgment which was affirmed on appeal by the defendant, who thereupon obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

The Honorable Court of Civil Appeals made the following findings of fact: “On September 30, 1902, while appellee, Ernest D. Butcher, a minor 16 years old, was driving a buggy along Preston Street, a public thoroughfare of the city of Houston, which is crossed diagonally by appellant’s railroad where it maintains •a number of tracks, switches, frogs and guard rails, the wheel of his buggy caught in a guard rail or wing of a frog on one of the railroad tracks, by reason of the negligence of appellant, either in constructing or maintaining the guard rail or frog, and, as…

2Cases cited1 opinion

  1. Texas & Pacific Railway Co. v. MorinTexas Supreme Court · 1886

3Cited by37 opinions

  1. Golden Eagle Archery, Inc. v. JacksonTexas Supreme Court · 2003
  2. Dallas Ry. & Terminal Co. v. GarrisonTexas Commission of Appeals · 1932
  3. International-Great Northern R. v. IcingTexas Commission of Appeals · 1931
  4. Green v. BaldreeCourt of Appeals of Texas · 1973
  5. Texas Farm Products Co. v. LevaCourt of Appeals of Texas · 1976

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