Texas & Pacific Railway Co. v. McCoy
Texas Supreme Court
Error to Court of Civil Appeals, Fifth District, in an appeal from Harrison County. McCoy was plaintiff and recovered in the trial court. Defendant company appealed and, on affirmance, obtained writ of error.
1Opinion of the Court
GAINES, Chief Justice.
Defendant in error brought this suit against plaintiff in error to recover damages for personal injuries, and recovered a judgment in the District Court, which was affirmed upon appeal.
The questions as presented by the pleadings and evidence, were:
1. Was there a low joint in the track of the railroad at the place of the accident, and if so, was the low joint the result of the defendant company’s negligence?
2. Was the plaintiff guilty of negligence in placing the bar upon his knee?
We extract the following from the conclusions of fact filed by the Court of Civil Appeals:…
2Cases cited1 opinion
- Andrews v. SmithwickTexas Supreme Court · 1857
3Cited by46 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Lamar v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1923
- Parks v. San Antonio Traction Co.Texas Supreme Court · 1906
- Wood & Kinkaid v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1897
- West Texas Coaches, Inc. v. MadiCourt of Appeals of Texas · 1929
41 more not listed; retrieve them via the Exa API.