Legal Opinion

Texas & Pacific Railway Co. v. Hill

Texas Supreme Court

Decided October 16, 1888No. 2508PublishedCited by 32 opinions

Appeal from Red River. Tried below before the Hon. D. H. Scott. This suit was commenced April 3, 1886, in the district -court of Red River county, by Elizabeth Hill, widow of David Hill, and by Lilly Bell, Charles, Lula, John and David Hill, his children, who were minors, and sued by their mother, Elizabeth Hill, as next friend, against the Texas & Pacific Railway Company and the Missouri Pacific Railway Company, to recover twenty' thousand dollars damages for the death of…

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Appeal from Red River. Tried below before the Hon. D. H. Scott. This suit was commenced April 3, 1886, in the district -court of Red River county, by Elizabeth Hill, widow of David Hill, and by Lilly Bell, Charles, Lula, John and David Hill, his children, who were minors, and sued by their mother, Elizabeth Hill, as next friend, against the Texas & Pacific Railway Company and the Missouri Pacific Railway Company, to recover twenty' thousand dollars damages for the death of David Hill by defendant’s negligence. Deceased was alleged to have been killed on October 29, 1885, at the crossing of a…

1Opinion of the Court

Walker, Associate Justice.

This is an appeal from a judgment in favor of Elizabeth Hill, widow of David Hill, and their five minor, children, against appellants, for causing the death of said David Hill by the gross negligence of the servants of appellants

The petition alleges the death October 29, 1885, at the railroad crossing of a public county road, one and one-half miles east of Clarksville, by being thrown from his loaded wagon through the alleged defects in the crossing, and from fright of his team of horses at a pile of cross ties on the west and a hand car, on the east side of a public…

2Cases cited5 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. GasscampTexas Supreme Court · 1888
  2. Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
  3. Southern Cotton Press & Manufacturing Co. v. BradleyTexas Supreme Court · 1880
  4. Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
  5. Hendrick v. WaltonTexas Supreme Court · 1887

3Cited by32 opinions

  1. Morrow v. CorbinTexas Supreme Court · 1933
  2. J. Weingarten, Inc. v. BrockmanTexas Supreme Court · 1940
  3. Galveston, Harrisburg & San Antonio Railway Co. v. KutacTexas Supreme Court · 1890
  4. Campbell v. TrimbleCourt of Appeals of Texas · 1889
  5. Houston Lighting & Power Co. v. HooperCourt of Appeals of Texas · 1907

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