G., C. & Santa Fe R'y Co. v. Evansich
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit by appellee to recover damages of the railway company for injuries to his son, seven years old, received while he was engaged in play, with other boys, upon a turn-table of defendants, at Brenham, Texas. At the September term, 1881, a demurrer to the petition was sustained and the cause dismissed; but, on appeal, this judgment was reversed.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit by appellee to recover damages of the railway company for injuries to his son, seven years old, received while he was engaged in play, with other boys, upon a turn-table of defendants, at Brenham, Texas. At the September term, 1881, a demurrer to the petition was sustained and the cause dismissed; but, on appeal, this judgment was reversed. See 57 Tex., 123. The case was again tried at the March term, 1883, and resulted in a judgment for the plaintiff for the sum of $225.
1Opinion of the Court
Stayton, Associate Justice.—
There are many assignments of error in this cause, but only such as have been presented in the brief of counsel for appellant will be considered.
The court in its charge to the jury clearly instructed them that the appellee was not entitled to recover unless the injury of which he complained resulted from the negligence of the appellant, and that the negligence of the appellee or his son contributing to the injury would defeat a recovery.
Whether there was negligence by either party was fairly submitted in parts of the charge not complained of, but it is claimed *5that…
2Cases cited4 opinions
- Bailey v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1871
- Hibler v. McCartneySupreme Court of Alabama · 1858
- Ponton v. BellowsTexas Supreme Court · 1855
- Crocker v. SchuremanMissouri Court of Appeals · 1879
3Cited by64 opinions
- Brown v. LundellTexas Supreme Court · 1961
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Comanche Duke Oil Co. v. Texas Pac. Coal & Oil Co.Texas Commission of Appeals · 1927
- Cameron Compress Co. v. WhitingtonTexas Commission of Appeals · 1926
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1898
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