Missouri, Kansas & Texas Railway Co. v. McGlamory
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Tarrant County. The seventh instruction requested by defendant on. the trial, which is referred to in the opinion of the court, was as follows: "The jury are instructed that it was the duty of plaintiff to exercise such care as a man of ordinary prudence would have exercised for his own protection and safety, and if the jury believe from the testimony that a man of ordinary prudence would not have…
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Tarrant County. The seventh instruction requested by defendant on. the trial, which is referred to in the opinion of the court, was as follows: "The jury are instructed that it was the duty of plaintiff to exercise such care as a man of ordinary prudence would have exercised for his own protection and safety, and if the jury believe from the testimony that a man of ordinary prudence would not have stood on the track, but would have gotten off of same while standing, and that such failure to get off was negligence,…
1Opinion of the Court
DENMAN, Associate Justice.
MeGlamory sued the Texas & Pacific Railway Co., the Missouri, Kansas & Texas Railway Co. and the Missouri, Kansas & Texas Railway Co. of Texas to recover damages for injuries alleged to have been inflicted upon him by defendants by negligently running an engine belonging to the two latter companies over him while he was standing on the track in the performance of his duties as car inspector in the yards used by said companies and others in Fort Worth.
One of the special pléas zof defendants was to the effect that plaintiff should not recover because at the time of the…
2Cases cited1 opinion
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
3Cited by196 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Montrief & Montrief v. BraggTexas Commission of Appeals · 1928
- Greer v. ThamanTexas Commission of Appeals · 1932
- St. Louis Southwestern Railway Co. v. HallTexas Supreme Court · 1905
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