San Antonio Street Railway Co. v. Mechler
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The pleadings and testimony are sufficiently stated in the opinion.
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Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. The pleadings and testimony are sufficiently stated in the opinion. The paragraph of the court’s charge complained of reads as follows: “If, however, you believe from the evidence that the motorman of defendant was running said car carefully and properly when the said Leo Mechler was killed, and that said motorman was guilty of no negligence at the time said accident occurred, and that the death of said child was an unavoidable accident, the plaintiffs can not recover, and you will find a verdict in favor of…
1Opinion of the Court
BROWR, Associate Justice.
Considering alone the undisputed evidence given by plaintiffs’ witnesses and the testimony of defendant’s witnesses, the best state of case that can be made out of the facts for the defendant, the street railway company, is, that Leo Mechler, a boy child about 2 years old, was killed upon the defendant’s railway track, in the city of San Antonio, by being run over by a car upon said track operated by employes of the defendant. The child was killed upon the crossings of Commerce and Colorado streets, and was by the car dragged at least twenty-seven feet after it was…
2Cases cited7 opinions
- Galveston City Railroad v. HewittTexas Supreme Court · 1887
- Baltimore City Passenger Railway Co. v. McDonnell ex rel. McDonnellCourt of Appeals of Maryland · 1876
- Hays v. Gainesville Street Railway Co.Texas Supreme Court · 1888
- Winters v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Artusy v. Missouri Pacific Railway Co.Texas Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Chicago City Railway Co. v. TuohyIllinois Supreme Court · 1902
- Sample v. Consolidated Light & Railway Co.West Virginia Supreme Court · 1901
- Galveston Electric Co. v. AntoniniCourt of Appeals of Texas · 1912
- Galveston-Houston Electric Ry. Co. v. PatellaCourt of Appeals of Texas · 1920
10 more not listed; retrieve them via the Exa API.