G., C. & S. F. R'y Co. v. Greenlee
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. Jo Abbott. Suit by husband and wife in behalf of the latter, for personal injuries from alleged negligence of the defendant and its servants. On the 29th of September, 1881, James S. Greenlee and his wife, Lou M. Greenlee, the plaintiffs in this cause, with their five children, were traveling from the town of Meridian, to Comanche Springs, in a wagon drawn by a yoke of oxen, along the public road.
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Appeal from Bosque. Tried below before the Hon. Jo Abbott. Suit by husband and wife in behalf of the latter, for personal injuries from alleged negligence of the defendant and its servants. On the 29th of September, 1881, James S. Greenlee and his wife, Lou M. Greenlee, the plaintiffs in this cause, with their five children, were traveling from the town of Meridian, to Comanche Springs, in a wagon drawn by a yoke of oxen, along the public road. This highway and the defendant’s railway cross each other about four miles south of Meridian; and, as the plaintiffs’ wagon and team were approaching…
1Opinion of the Court
Watts, J. Com. Apr.
Where a railroad intersects or crosses a public highway, the statute imposes upon the company the obligation to restore the highway either to its former state, or to such condition as not to unnecessarily impair its usefulness, and also to keep the crossing in good repair. If, therefore, after constructing a railroad across a public highway, the company restores it to such condition as not to unnecessarily impair its usefulness as a highway, and keeps the crossing in good repair, the company will then have discharged the duty imposed by the statute.
Upon that branch of this…
2Cases cited3 opinions
- H. & T. C. R'y Co. v. WilsonTexas Supreme Court · 1883
- H., E. & W. T. R'y Co. v. HardyTexas Supreme Court · 1884
- Spence v. OnstottTexas Supreme Court · 1848
3Cited by36 opinions
- McIver v. GloriaTexas Supreme Court · 1943
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Graham v. FrancoTexas Supreme Court · 1972
- Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
- Taylor, Bastrop & Houston Railway Co. v. WarnerTexas Supreme Court · 1895
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