Texas & P. Ry. Co. v. Cato

(after stating the case as above). [1, 2] The appellant requested the court to direct a verdict in its favor, which request was refused. The fact is undisputed that the passenger train temporarily on track No. 1, so long as it remained coupled up, blocked access of a passenger on the depot platform to the train on track No. 3 placed there to receive awaiting passengers. Although the train that blocked such access was not a train owned and operated by the appellant company, yet in the exercise of care, as a duty due to the appellee, it was incumbent upon the appellant to so operate its train…