Gulf, Colorado & Santa Fe Railway Co. v. Montgomery
Texas Supreme Court
This is an appeal from a judgment for §800 damages for personal injuries suffered by plaintiff in attempting to drive a wagon loaded with wood, upon which he was seated, through an opening in trestle work in the road of the defendant. Complaint was that the trestle was an imperfect highway, negligently constructed as a crossing of the track by the defendant.
1Opinion of the Court
GAINES, Associate Justice.
This action was brought by appellee to recover of appellant damages for personal injuries received by him while attempting to pass the track of the company under one of its trestles.
When the appellant company constructed its road through Collin County its track was laid across a road which had been in use a number of years by the public, but which was not a public road in the restrictive sense of that term. It had never been laid out or recognized as such by the Commissioners Court of the county. Where its track crossed this-road, the company threw up an embankment…
2Cases cited3 opinions
- Gilder v. City of BrenhamTexas Supreme Court · 1887
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Missouri Pacific Railway Co. v. BridgesTexas Supreme Court · 1889
3Cited by31 opinions
- O'CONNOR v. GraggTexas Supreme Court · 1960
- Taylor, Bastrop & Houston Railway Co. v. WarnerTexas Supreme Court · 1895
- Ladies' Benev. Soc. of Beaumont v. Magnolia Cemetery Co.Texas Commission of Appeals · 1926
- Greenway Parks Home Owners Ass'n v. City of DallasTexas Supreme Court · 1958
- A. B. C. Storage & Moving Co. v. HerronCourt of Appeals of Texas · 1940
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