Gulf, Colorado & Santa Fe Railway Co. v. Walker
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Plaintiff sued for twenty thousand dollars actual, and ten thousand dollars exemplary, damages, alleged to have been sustained by one óf his feet being cut off by one of defendant’s trains, within the corporate limits of the city of Houston, and on a public street of said city.
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Appeal from Harris. Tried below before the Hon. James Masterson. Plaintiff sued for twenty thousand dollars actual, and ten thousand dollars exemplary, damages, alleged to have been sustained by one óf his feet being cut off by one of defendant’s trains, within the corporate limits of the city of Houston, and on a public street of said city. The negligence charged against defendant was that the switch, where plaintiff was hurt, was improperly constructed, so that where the rails came together there was great danger of a person getting his foot caught between the rails, and nothing was placed…
1Opinion of the Court
Gaines, Associate Justice.
Appellee, while walking along the track of a railroad in the city of Houston, upon which the appellant ran its trains, had his foot caught between the rails of the switch and run over by a train of the company. The accident resulted in the loss of his foot. He was but a boy at the time of injury, and brought suit by his father as his next friend, and obtained a verdict and judgment against the appellant for two thousand dollars.
The depositions of three witnesses residing in Davenport, Iowa, were taken on behalf of plaintiff, who testified that a certain device…
2Cases cited1 opinion
- Baltimore & Ohio Railroad v. FitzpatrickCourt of Appeals of Maryland · 1872
3Cited by8 opinions
- San Antonio Traction Co. v. CassanovaCourt of Appeals of Texas · 1913
- Solgaard v. Texas & New Orleans RailroadTexas Supreme Court · 1950
- Goodrich v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- Lewis v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1889
- Southwestern Portland Cement Co. v. ChallenCourt of Appeals of Texas · 1918
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