Legal Opinion

Missouri, K. & T. Ry. Co. of Texas v. Coker

Court of Appeals of Texas

Decided December 13, 1911PublishedCited by 3 opinions

Appeal from District Court, Williamson County; Chas. A Wilcox, Judge. Action by L. B. Coker against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRice, J.

Appellee while a passenger on appellant’s railway was injured at Granger, Tex., by the collision of an engine with the train upon which he was riding, and brings this action against appellant to recover damages therefor. Appellant defended upon the theory that plaintiff’s injuries, if any, were occasioned by former injuries received by him at the hands of others, and, further, that he was guilty of contributory negligence in reclining upon a seat of the coach in which he was riding at the time of the accident.

The facts show: That on the 22d of January, 1909, appellee, while a passenger, going…

2Cases cited13 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ComptonCourt of Appeals of Texas · 1890
  2. Mexican Central Railway Co. v. LauricellaTexas Supreme Court · 1894
  3. Missouri Pacific Railway Co. v. MitchellTexas Supreme Court · 1888
  4. Southern Pacific Co. v. MartinTexas Supreme Court · 1904
  5. Galveston, Harrisburg & San Antonio Railway Co. v. PaschallCourt of Appeals of Texas · 1906

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3Cited by3 opinions

  1. Daniels v. Iowa CitySupreme Court of Iowa · 1921
  2. Collins v. SmithCourt of Appeals of Texas · 1943
  3. Appleby v. CassSupreme Court of Iowa · 1930

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