Texas Midland Railroad v. Ellison
Court of Appeals of Texas
Appeal from the District Court of Hunt. Tried below before Hon. T. D. Montrose. The following is the special charge asked by defendant, embodied in the twenty-fourth assignment of error and referred to in the opinion: “The defendant requests the court to instruct the jury as follows: ‘You are instructed that if you believe from the evidence that the plaintiff on the occasion in question attempted to board the defendant’s train while the same was in motion, and that the…
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Appeal from the District Court of Hunt. Tried below before Hon. T. D. Montrose. The following is the special charge asked by defendant, embodied in the twenty-fourth assignment of error and referred to in the opinion: “The defendant requests the court to instruct the jury as follows: ‘You are instructed that if you believe from the evidence that the plaintiff on the occasion in question attempted to board the defendant’s train while the same was in motion, and that the plaintiff knew that the attempt to do so was dangerous, and that an ordinarily prudent person would, not attempt to board the…
1Opinion of the Court
TALBOT, Associate Justice.
The statement of the case found in appellant’s brief is substantially correct, and with a slight change, is adopted.
Appellee brought this suit against appellant for personal injuries alleged to have been received by him while attempting to board a moving train at a station on appellant’s road, known as Cash. He alleges in substance that he was a passenger from Paris to Quinlan, and that the train he was on took a side or switch track at Cash, an intermediate station, to allow a north bound train to pass; that there was no depot house at Cash and no certain place…
2Cases cited2 opinions
- H. & T. C. R'y Co. v. LeslieTexas Supreme Court · 1882
- P. J. Willis & Bro. v. HollandCourt of Appeals of Texas · 1896
3Cited by5 opinions
- Plantz v. Kreutzer & WasemSupreme Court of Iowa · 1915
- Chicago, R. I. & G. Ry. Co. v. ComstockCourt of Appeals of Texas · 1916
- Moffit v. Grand Rapids Railway Co.Michigan Supreme Court · 1924
- Lee v. BakerCourt of Appeals of Texas · 1923
- Gray v. StateCourt of Criminal Appeals of Texas · 1952