Gulf, Colorado & Santa Fe Railway Co. v. Lankford
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Cooke County. Lankford instituted this suit in the District Court of Cooke County to recover of plaintiff in error $12,285 for personal injuries to his wife, alleged to have been received in a collision between a wagon in which she was riding and one of appellant’s trains, in the city of Gainesville. Defendant answered by general denial, and by special answers raising-all the issues made by the evidence.
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Error to Court of Civil Appeals for Second District, in an appeal from Cooke County. Lankford instituted this suit in the District Court of Cooke County to recover of plaintiff in error $12,285 for personal injuries to his wife, alleged to have been received in a collision between a wagon in which she was riding and one of appellant’s trains, in the city of Gainesville. Defendant answered by general denial, and by special answers raising-all the issues made by the evidence. (The opinion gives the facts.) Trial before a jury, April 29, 1893; verdict and judgment for plaintiff for $1000. The…
1Opinion of the Court
DENMAN, Associate Justice.
—While Lankford was driving his wagon along by the side of the railroad at a place where there were three tracks, his horses became unmanageable and began rearing and plunging in close proximity to one of the tracks, some of the witnesses claiming that they were sometimes on and sometimes off the track as they thus went along, but all agreeing that they were very close thereto. In order that there may be no confusion as to the very point under examination, let it be conceded that Lankford was guilty of negligence in attempting to drive along the road by the side of…
2Cited by13 opinions
- Wilson v. Southern Traction Co.Texas Supreme Court · 1921
- Galveston, H. & S. A. Ry. Co. v. WagnerTexas Commission of Appeals · 1927
- Missouri, K. & T. Ry. Co. of Texas v. HurdleCourt of Appeals of Texas · 1911
- Southern Ry. Co. v. WhaleyTennessee Supreme Court · 1936
- Missouri, Kansas & Texas Railway Co. v. CunninghamTexas Supreme Court · 1930
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