Legal Opinion

Kansas & Gulf Short Line Railway Co. v. Dorough

Texas Supreme Court

Decided November 23, 1888No. 2583PublishedCited by 19 opinions

Appeal from Smith. Tried below before Hon. Felix J. McCord. Suit instituted by Eugene T. Borough in the District Court of Smith County on the 7th day of November, 1887, against the Kansas & Gulf Short Line Railway Company for $10,000 damages for personal injuries alleged to have been received by the appellee on the 8th day of August, 1887, through the negligence of appellant.

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Appeal from Smith. Tried below before Hon. Felix J. McCord. Suit instituted by Eugene T. Borough in the District Court of Smith County on the 7th day of November, 1887, against the Kansas & Gulf Short Line Railway Company for $10,000 damages for personal injuries alleged to have been received by the appellee on the 8th day of August, 1887, through the negligence of appellant. The negligence alleged was the failure of the agents and employes of the appellant to stop the train when flagged by appellee, only “slowing up,” calling on him to jump on, thereby deceiving him, etc. The case was tried…

1Opinion of the Court

Gaines, Associate Justice.

This is an action brought by appellee against appellant for personal injuries alleged to have resulted to plaintiff as a passenger, in attempting to board a train of the defendant, from the negligence of its servants.

After the plaintiff had introduced his testimony, the defendant offered in evidence a decree of the District Court of Smith County dated prior to the injury, which placed the’ property and management of the road in the hands of a receiver. This having been ruled out, the defendant offered a subsequent decree of the same court in the same case showing the…

2Cases cited1 opinion

  1. Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876

3Cited by19 opinions

  1. Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
  2. Kirby Lumber Co. v. CunninghamCourt of Appeals of Texas · 1913
  3. International & Great Northern Railway Co. v. DyerTexas Supreme Court · 1890
  4. Memphis & C. R. v. HoechnerCourt of Appeals for the Sixth Circuit · 1895
  5. Gulf, Colorado & Santa Fe Railway Co. v. SheltonCourt of Appeals of Texas · 1902

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