Eames v. T. & N. O. R'y Co.
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Appellant, A. F. Eames, brought this suit for personal damages against the T. & N. O. R’y Co. for injury received in August, 1888. Defendant filed an amended answer containing a general demurrer to plaintiff’s petition, which, being sustained by the court, leave was given plaintiff to amend. Plaintiff filed his second amended original petition, to which defendant filed a renewal of his general demurrer.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. Appellant, A. F. Eames, brought this suit for personal damages against the T. & N. O. R’y Co. for injury received in August, 1888. Defendant filed an amended answer containing a general demurrer to plaintiff’s petition, which, being sustained by the court, leave was given plaintiff to amend. Plaintiff filed his second amended original petition, to which defendant filed a renewal of his general demurrer. The court having again sustained a general demurrer, and plaintiff declining further to amend, a judgment of dismissal was…
1Opinion of the Court
Walker, P. J. Com. App.
It would be a superfluous exaction of the law to hold railroad companies responsible for injuries occasioned by defective tracks, to require them to maintain sound and safe machinery and other like essential requisites for safe transportation over their roads, if they are to be exempted from liability for injuries resulting from such inattention to causes of peril existing within their right of way as threaten danger, and which proper care is competent to prevent. The general law of the state regulating railroads seems to contemplate and to provide means to such…
2Cases cited11 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
- H. & T. C. R'y Co. v. McNamaraTexas Supreme Court · 1883
- Houston & Texas Central Railway Co. v. DunhamTexas Supreme Court · 1878
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- I. G.N.R.R. Co. v. EdwardsTexas Supreme Court · 1906
- Gonzales v. City of GalvestonTexas Supreme Court · 1892
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Lancaster v. FitchTexas Supreme Court · 1923
- Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1919
19 more not listed; retrieve them via the Exa API.