Missouri Pacific Railroad v. Johnson
Texas Supreme Court
Appeal from Upshur. Tried below before Hon. Felix J. McCord. Suit brought January 21, 1888, in the District Court of Smith County, by appellee, for $21,200 actual and $20,000 exemplary damages, claimedfor personal injuries received by him, December 26, 1887, in a wreck of a passenger train on the International & Great Northern Railroad, about two and one-half miles north of Troupe. Appellee was a passenger and the road was operated by appellant.
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Appeal from Upshur. Tried below before Hon. Felix J. McCord. Suit brought January 21, 1888, in the District Court of Smith County, by appellee, for $21,200 actual and $20,000 exemplary damages, claimedfor personal injuries received by him, December 26, 1887, in a wreck of a passenger train on the International & Great Northern Railroad, about two and one-half miles north of Troupe. Appellee was a passenger and the road was operated by appellant. On appellant’s motion the venue was changed to Upshur County, where the cause was tried July 5, 1888, resulting in a verdict and judgment for…
1Opinion of the Court
Gaines, Associate Justice.
In December, 1887, certain coaches of a passenger train operated by the appellant company were derailed near the town of Troupe in Smith County. The appellee was a passenger upon the train at the time of the accident; the car upon which he was being conveyed was overturned, and he was injured. He brought this suit to recover damages, both actual and exemplary, for the injury.
During the trial the plaintiff having introduced evidence tending to show gross neglect on part of the defendant in failing for a long time to keep in repair the road it was operating, was…
2Cases cited5 opinions
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
- Gulf, Colorado & Santa Fe Railway Co. v. PomeroyTexas Supreme Court · 1887
- Atchison, Topeka & Santa Fé Railroad v. ThulSupreme Court of Kansas · 1883
- I. & G. N. R'y Co. v. UnderwoodTexas Supreme Court · 1885
- Louisville City Railway v. WeamsCourt of Appeals of Kentucky · 1882
3Cited by25 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Fambrough v. WagleyTexas Supreme Court · 1943
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Graves v. City of Battle CreekMichigan Supreme Court · 1893
- Howard Oil Co. v. DavisTexas Supreme Court · 1890
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