G., H. & S. A. R'y Co. v. Bracken
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by Laura Bracken, for herself and in behalf of her children, against appellant, for damages claimed for the alleged negligent killing of her husband, Jacob Bracken, by the appellant’s railway cars run by appellant’s agents. The defendant answered by a general denial. There was a jury, verdict and judgment for plaintiffs for $750; motion for new trial overruled.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit by Laura Bracken, for herself and in behalf of her children, against appellant, for damages claimed for the alleged negligent killing of her husband, Jacob Bracken, by the appellant’s railway cars run by appellant’s agents. The defendant answered by a general denial. There was a jury, verdict and judgment for plaintiffs for $750; motion for new trial overruled. The appellant had a depot and platform at Harrisburg, and steps led down from the platform to the track, and a platform extended out from the hotel on the opposite…
1Opinion of the Court
Willie, Chief Justice.—
A reversal of the judgment in this case is sought on the alleged ground that the evidence does not support the Arerdict.
It is apparent from the proof that at the time of the accident the engine was going backwards at the rate of eight miles per hour, and was pulling Avith it a coach, for the purpose of making a running switch at a distance of from one hundred and fifty to four hundred feet below the point Avhere the accident occurred. It is further apparent that the deceased placed himself in a position Avhere the train must necessarily strike him as it passed, at a…
2Cases cited3 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
- Cooper v. MarchbanksTexas Supreme Court · 1858
3Cited by32 opinions
- Galveston, H. & S. A. Ry. Co. v. PriceTexas Commission of Appeals · 1922
- International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
- International-Great Northern R. v. AckerCourt of Appeals of Texas · 1939
- Houston & T. C. R'y Co. v. SchmidtTexas Supreme Court · 1884
- Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1919
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