H. & T. C. R. R. Co. v. Clemmons
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit brought by plaintiff in the district court of Gray-son county to recover damages for personal injuries received by him in the wreck of a train on defendant’s line of railway, on the Yth day of April, 1877, which plaintiff alleges occurred through the negligence of defendant’s servants, and by the use of inferior and inadequate machinery.
Read the full summary
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit brought by plaintiff in the district court of Gray-son county to recover damages for personal injuries received by him in the wreck of a train on defendant’s line of railway, on the Yth day of April, 1877, which plaintiff alleges occurred through the negligence of defendant’s servants, and by the use of inferior and inadequate machinery. The answer was a general denial, and especially that the accident was unavoidable, and without any fault of defendant or its employees, and that plaintiff contributed to his injury by…
1Opinion of the Court
Bonner, Associate Justice.
That the baggage car was a place of more danger, ordinarily, than the regular passenger coach provided by the company, is a fact well and generally known, and particularly to one who, like the plaintiff Olemmons, was then and had been for years in the employment of railroad companies in running their trains; a part of the time as fireman upon this very road and engine.
It is reasonable to presume, even in the absence of testimony, that the plaintiff knew of this danger and the wholesome regulations of the defendant company forbidding passengers to ride upon its…
2Cases cited2 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Peoria & Rock Island Railroad v. LaneIllinois Supreme Court · 1876
3Cited by14 opinions
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Weatherford, M. W. & N. W. Ry. Co. v. ThomasCourt of Appeals of Texas · 1915
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1894
- H. & T. C. R'y Co. v. RichardsTexas Supreme Court · 1883
- A., T. S. F. Rld. Co. v. JohnsonSupreme Court of Oklahoma · 1895
9 more not listed; retrieve them via the Exa API.