T. & P. R'y Co. v. Best
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. D. H. Scott. This was an action to recover $12.000 damages for personal, injuries.. The answer contained a general denial and plea charging plaintiff with contributory negligence. The trial resulted in a verdict and judgment for plaintiff, fixing his damage at $2,500. The accident occurred at Savoy, a station on defendant’s road. Plaintiff was expecting a friend, with whom he had business, to arrive by defendant’s train.
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Appeal from Fannin. Tried below before the Hon. D. H. Scott. This was an action to recover $12.000 damages for personal, injuries.. The answer contained a general denial and plea charging plaintiff with contributory negligence. The trial resulted in a verdict and judgment for plaintiff, fixing his damage at $2,500. The accident occurred at Savoy, a station on defendant’s road. Plaintiff was expecting a friend, with whom he had business, to arrive by defendant’s train. As to the circumstances of the accident, plaintiff testified: “ On the evening of the accident I went to the depot to meet…
1Opinion of the Court
Robertson, Associate Justice.
The principle which imposes upon a railway company the duty of keeping in safe condition its premises for the use of a friend of a passenger, aiding him to enter or leave the train, now well established by adjudicated cases (Hamilton v. R’y Co., 64 Tex., and cases cited) can have no definition not fairly *118embracing the plaintiff’s case. The plaintiff was not a trespasser or an idle wanderer. He was there by appointment with one supposed to be on defendant’s train, with a view of becoming himself a passenger, if the appointment was met. If his friend had been on the…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
3Cited by23 opinions
- Koons v. RookTexas Commission of Appeals · 1927
- Kallum v. WheelerTexas Supreme Court · 1937
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
- Clerc v. Morgan's Louisiana & Texas Railroad & Steamship Co.Supreme Court of Louisiana · 1901
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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