San Antonio & Aransas Pass Ry. Co. v. Robinson
Texas Supreme Court
Appeal from Colorado. Tried below before Hon. Geo. McCormick. August 17, 1887, Robinson filed his original petition against apjDellant, and on July 4, 1888, he filed his “ first .amended original petition,” alleging that on July 4, 1887, he boarded the regular passenger train of appellant’s company at a station on its line of road in Colorado County, Texas, bound for the town of Cuero on the line of said road; that he paid his fare in cash to the conductor in charge of the…
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Appeal from Colorado. Tried below before Hon. Geo. McCormick. August 17, 1887, Robinson filed his original petition against apjDellant, and on July 4, 1888, he filed his “ first .amended original petition,” alleging that on July 4, 1887, he boarded the regular passenger train of appellant’s company at a station on its line of road in Colorado County, Texas, bound for the town of Cuero on the line of said road; that he paid his fare in cash to the conductor in charge of the said train, and was duly received as a passenger by said company; that the said train was composed of two passenger…
1Opinion of the Court
Henry, Associate Justice.—
Appellee instituted this suit to recover from appellant damages for injuries received in a wreck of its train- when he was a passenger on it.
The petition charges that the road was newly constructed and in bad condition, requiring great care in running trains over it; that the train was composed mainly of freight cars loaded with railroad ties and did not have the necessary brakes; that defendant’s servants operating the train by gross negligence and carelessness ran it at the rate of fifty miles-an hour down a heavy grade approaching a bridge, both the track and the…
2Cases cited1 opinion
- Wheatley v. GriffinTexas Supreme Court · 1883
3Cited by58 opinions
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- Missouri, Kansas & Texas Railway Co. v. RodgersTexas Supreme Court · 1896
- Lamar v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1923
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