Baker v. Fields
Court of Appeals of Texas
Error from District Court, Smith County; J. R. Warren, Judge. Action by G. A. Fields and wife against James A. Baker, receiver. Judgment for plaintiffs, and defendant brings error.
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Error from District Court, Smith County; J. R. Warren, Judge. Action by G. A. Fields and wife against James A. Baker, receiver. Judgment for plaintiffs, and defendant brings error. This appeal is from a judgment against plaintiff in error in favor of defendants in error for $7,000, the damage the jury found they sustained by the death of their son Albert, 19 years old, who was killed May 8, 1920, in a collision between an automobile truck in which he was riding and one of plaintiff in error’s trains. It appeared from testimony heard at i;he trial that the collision occurred at a point in the…
1Opinion of the CourtWillson, C. J.
(after stating the facts as ahoye). [1] The contention presented by assignments numbered 1 and 6 is that it appeared from the testimony that the deceased was guilty of contributory negligence as- a matter of law. Practically all the testimony relied on to support the contention, it appears from plaintiff in error’s brief, was with reference to acts and omissions of Partney, the driver of the truck, and -not to conduct of the deceased. That testimony, so far as it referred to the deceased, showed only that he accompanied Partney to the Texas Company’s plant, where he helped him load the truck,…
2Cases cited9 opinions
- G., C. & S. F. R'y Co. v. DorseyTexas Supreme Court · 1886
- Freeman v. GrashelCourt of Appeals of Texas · 1912
- Galveston, Harrisburg & San Antonio Railway Co. v. HynesCourt of Appeals of Texas · 1899
- Trinity & B. v. Ry. Co. v. DoddCourt of Appeals of Texas · 1914
- Chicago, R. I. & G. Ry. Co. v. WentzelCourt of Appeals of Texas · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Texas Consolidated Transportation Co. v. EubanksCourt of Appeals of Texas · 1960
- Chicago, R. I. & G. Ry. Co. v. SteeleCourt of Appeals of Texas · 1924
- Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1922
- Texas & P. Ry. Co. v. RileyCourt of Appeals of Texas · 1944
- American Nat. Ins. Co. v. DenkeCourt of Appeals of Texas · 1933
5 more not listed; retrieve them via the Exa API.