Southwestern Telegraph & Telephone Co. v. Robinson
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. At Law. Action by J. B. Robinson against the Southwestern Telegraph & Telephone .Company for personal injuries. Verdict and judgment for plaintiff. Defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of Texas. At Law. Action by J. B. Robinson against the Southwestern Telegraph & Telephone .Company for personal injuries. Verdict and judgment for plaintiff. Defendant brings error. Statement by Bruce, District Judge: Plaintiff' in error was sued by defendant in error in the district court oí Cooke county, Tex., for damages in the sum of $12,000. He states his cause of action as follows: “Tour petitioner, J. B. Robinson, a resident of Cooke county, Tex., complaining of the Southwestern Telegraph & Telephone Company,…
1Opinion of the Court
Bruce, District Judge,
(after stating the facts.) The question and the only question for review here is whether the plaintiff stated a cause of action in his petition, and if the demurrer to the cause of action, as stated by the plaintiff in the court below, was properly overruled. In Railroad Co. v. Jones, 95 U. S. 439, it is said negligence is the failure to do what a reasonable and prudent person would ordinarily have done, under the circumstances of the situation, or doing what such a person, under the existing circumstances, would not have done. It .would seem too plain to require…
2Cases cited3 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Insurance Co. v. TweedSupreme Court of the United States · 1869
3Cited by9 opinions
- Tozer v. Michigan Central RailroadMichigan Supreme Court · 1917
- Vickers v. Georgia Power Co.Court of Appeals of Georgia · 1949
- Bacon v. Pullman Co.Court of Appeals for the Fifth Circuit · 1908
- Columbus Railroad v. KitchensSupreme Court of Georgia · 1914
- Central Union Telephone Co. v. SokolaIndiana Court of Appeals · 1905
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