Houston & T. C. R'y Co. v. Schmidt
Texas Supreme Court
Error from. Harris. Tried below before the Hon. James Masterson. This case is chiefly remarkable for the singular verdict rendered in view of the evidence. Appellee sued to recover damages for a personal injury.
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Error from. Harris. Tried below before the Hon. James Masterson. This case is chiefly remarkable for the singular verdict rendered in view of the evidence. Appellee sued to recover damages for a personal injury. He alleged that he purchased a ticket at Elgin, a station on appellant’s road, to be carried to Paige; that soon afterward, at about 8 o’clock P. M., appellant’s train arrived at Elgin and came to a full stop at the proper place for passengers to get off and on; that he attempted to get on one of the passenger coaches, and while he had one foot on the step of the coach, and was in the…
1Opinion of the Court
Stayton, Associate Justice.—
It is urged in this court, as it was in the court below on motion for.new trial, that- the verdict and judgment are contrary to the evidence, and "that it does not show that the appellee was injured in the manner alleged.
It is also claimed that the evidence shows, if the appellee was injured in the manner stated in his pleadings, that the injury was the result of his own contributory negligence.
A careful inspection of all the evidence makes it too apparent to us that these propositions are true, and that the verdict is contrary to the evidence.
The facts and…
2Cases cited6 opinions
- Chandler v. MecklingTexas Supreme Court · 1858
- G., H. & S. A. R'y Co. v. BrackenTexas Supreme Court · 1883
- Zapp v. MichaelisTexas Supreme Court · 1883
- Walters v. JewettTexas Supreme Court · 1866
- Taylor v. AshleyTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Herbert v. HerbertTexas Supreme Court · 1988
- Cropper v. Caterpillar Tractor Co.Texas Supreme Court · 1988
- Texas Employers' Ins. Ass'n v. MoranCourt of Appeals of Texas · 1953
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
- Joffre v. MynattCourt of Appeals of Texas · 1918
24 more not listed; retrieve them via the Exa API.