Missouri, Kansas & Texas Railway Co. v. Ferris
Court of Appeals of Texas
Appeal from Bastrop. Tried below before Hon. Ed. R. Sinks. From brief for appellant: Deceased was 39 years old at the time of his death. From testimony of C. C. Fawcett we find that deceased was a renter; that he usually cultivated from forty to fifty acres of land; that he was industrious, etc. With the help • of his family he raised on an average about ten bales of cotton per year, and from 300 to 350 bushels of corn.
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Appeal from Bastrop. Tried below before Hon. Ed. R. Sinks. From brief for appellant: Deceased was 39 years old at the time of his death. From testimony of C. C. Fawcett we find that deceased was a renter; that he usually cultivated from forty to fifty acres of land; that he was industrious, etc. With the help • of his family he raised on an average about ten bales of cotton per year, and from 300 to 350 bushels of corn. Out of this comes rent, one-fourth of the cotton, and $20 per year for corn. He also raised a garden, and put up usually 500 or 600 pounds of meat per year. The engineer John…
1Opinion of the Court
KEY, Associate Justice.
On the afternoon of January 28, 1899, James Ferris, Cass Ferris, and William Ashley started home from the town of Smithville in a wagon, and while attempting to cross the railroad track at a public crossing, a passenger train collided with the wagon and team, killing James Ferris and William Ashley and seriously injuring Cass Ferris. Thereafter, the surviving wife and children of James Ferris brought this action against the railroad company to recover damages on account of his death, charging the defendant with negligence (1) in failing to ring the bell and blow the…
2Cases cited4 opinions
- Sanches v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1895
- International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
- City of Dallas v. JonesTexas Supreme Court · 1899
- Texas & Pacific Railway Co. v. EberheartTexas Supreme Court · 1897
3Cited by3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. MinterCourt of Appeals of Texas · 1906
- A. J. Anderson Co. v. ReichCourt of Appeals of Texas · 1922
- Chicago, R. I. & G. Ry. Co. v. LoftisCourt of Appeals of Texas · 1915