St. Louis, S. F. & T. Ry. Co. v. Gibson
Court of Appeals of Texas
Appeal from District Court, Grayson County; C. T. Freeman, Judge. Suit by Mrs. Maude Gibson against the- St. Louis, San Francisco & Texas Railway Company. Judgment for plaintiff, and defendant appeals. In alighting from one of appellant’s passenger trains, on which, she had traveled to Marilee, appellee fell and thereby was injured.
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Appeal from District Court, Grayson County; C. T. Freeman, Judge. Suit by Mrs. Maude Gibson against the- St. Louis, San Francisco & Texas Railway Company. Judgment for plaintiff, and defendant appeals. In alighting from one of appellant’s passenger trains, on which, she had traveled to Marilee, appellee fell and thereby was injured. On the theory that appellant’s brakeman was guilty of negligence (1) in placing a box for her to step on in alighting from the train, and (2) in not properly assisting her in alighting therefrom, which rendered appellant liable to her in damages for the injury she…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1] We are inclined to think, the trial court erred when he refused to receive the verdict first returned by the jury and to render judgment thereon in appellant’s favor. If appellee, in alighting from the train, was guilty of negligence (in that she did not look to see the position of the step box) which caused or contributed to cause, the injury she suffered, as the jury by their tenth and eleventii findings in said verdict determined she was, then she was not entitled to recover anything of appellant, notwithstanding its brakeman also was…
2Cited by2 opinions
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- Kitchens v. Gulf States Marine & Mining Co.Court of Appeals of Texas · 1956