Texas Electric Ry. v. Burt

Appellee filed this suit, seeking judgment against appellant for damages which he claimed he suffered to himself, his wagon and his mule by reason of his wagon, on which he was riding, being struck by an interurban car in the corporate limits of the city of Hillsboro. Appellee alleged that the appellant was negligent in failing to keep a lookout, in failing to ring the bell or give any warning, and in running the car at an excessive rate of speed, and that the servants of appellant saw and discovered appel-lee’s danger, and by the use of ordinary care could have prevented the accident.…