Legal Opinion
Texas & Pacific Railway Co. v. Staggs
Texas Supreme Court
Decided March 1, 1897PublishedCited by 59 opinions
Certificate of Dissent, from Court of Civil Appeals, Second District, in an appeal from Tarrant County. The suit was brought to recover from the railway company damages-for causing the death of J. M. Staggs. Plaintiffs -had judgment in the trial court, which, on defendant’s appeal, was reversed, Hunter, Associate Justice, dissenting. (37 S. W. Rep., 609.) A former certificate of dissent was dismissed. Ante, 254.
1Opinion of the Court
BROWN, Associate Justice.
The Court of Civil Appeals for the Second Supreme Judicial District has submitted to this court the following certificate of dissent:
“Assuming that J. W. Staggs was guilty of contributory negligence when run upon and killed by appellant’s engine and train, was it or not correct for the court to charge the jury, in effect, that the widow and children of deceased would be entitled to recover, notwithstanding such negligence, if the train operatives, after discovering Staggs upon the track between a quarter and a half mile in front of the moving train, failed to use the…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
3Cited by59 opinions
- Fort Worth & Denver City Railway Co. v. ShetterTexas Supreme Court · 1900
- Turner v. Texas Co.Texas Supreme Court · 1942
- Northern Texas Traction Co. v. WeedTexas Commission of Appeals · 1927
- San Antonio & Aransas Pass Railway Co. v. McMillanTexas Supreme Court · 1907
- International & Great Northern Railroad v. MunnCourt of Appeals of Texas · 1907
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