Missouri Pacific R'y Co. v. Weisen
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was instituted, in the district court of Galveston county, by Budolph Weisen against the Missouri Pacific Bailway company, for damages for personal injuries resulting from a collision between the plaintiff and one of the company’s train of cars, alleged to have been caused by the defendant’s negligence.
Read the full summary
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was instituted, in the district court of Galveston county, by Budolph Weisen against the Missouri Pacific Bailway company, for damages for personal injuries resulting from a collision between the plaintiff and one of the company’s train of cars, alleged to have been caused by the defendant’s negligence. The petition laid the damages at $5,000. The defendant pleaded not guilty and contributory negligence. The cause was tried by the court, without a jury, and judgment was rendered in favor of plaintiff for $500. The…
1Opinion of the Court
Robertson, Associate Justice.
The court below found, as a fact, that after the servants of appellant discovered the danger to *447which, appellee’s negligence exposed him, they negligently failed to use the means in their power to prevent or lessen the injury. The injury would not have happened if the appellee had not been on appellant’s track at a time when he ought not have been there. Still, after it was discovered that he would not effect his escape from the track in time to avoid injury, it was the duty of appellant to prevent the result. It could have done this, or, at least, it could have…
2Cited by21 opinions
- RT Herrin Petroleum Transport Co. v. ProctorTexas Supreme Court · 1960
- Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
- Ft. Worth & D. C. Ry. Co. v. BroomheadCourt of Appeals of Texas · 1911
- Gulp, Colorado & Santa Fe Railway Co. v. WagleyCourt of Appeals of Texas · 1897
- Galveston, H. & H. R. v. SlomanCourt of Appeals of Texas · 1917
16 more not listed; retrieve them via the Exa API.