Legal Opinion

Texas & Pacific Railway Co. v. Barron

Texas Supreme Court

Decided November 18, 1890No. 3198PublishedCited by 38 opinions

Appeal from Kaufman. Tried below before Hon. Anson Rainey. The original petition filed by Barron November 18, 1889, charged that he was a passenger for hire on the appellant’s train on June 30, 1889, for the purpose of being transported from Terrell, Texas, to Wills Point, Texas, and that through the careless, negligent, and reckless running of appellant’s cars by its agents, and the negligent and dangerous condition of its road bed, the car upon which appellee was a…

Read the full summary

Appeal from Kaufman. Tried below before Hon. Anson Rainey. The original petition filed by Barron November 18, 1889, charged that he was a passenger for hire on the appellant’s train on June 30, 1889, for the purpose of being transported from Terrell, Texas, to Wills Point, Texas, and that through the careless, negligent, and reckless running of appellant’s cars by its agents, and the negligent and dangerous condition of its road bed, the car upon which appellee was a passenger was wrecked, and appellee was hurled against the sides of the car and the seats therein, thereby sustaining serious…

1Opinion of the Court

STAYTOH, Chief Justice.

—Appellee claims to have been injured while a passenger in a wreck on appellant's railway, alleged to have been caused by its negligence.

The evidence was conflicting upon the question whether appellee was injured in the wreck, and it is claimed that a new trial should have been granted on the ground that there was no sufficient evidence that appellee was injured at all in the wreck, but there was ample evidence on this point to sustain the verdict.

A witness was permitted to testify: “ I was a passenger on the Texas & Pacific Railway train which was wrecked east of Elmo,…

2Cases cited3 opinions

  1. Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
  2. Pilkinton v. Gulf Colorado & Santa Fe Railway Co.Texas Supreme Court · 1888
  3. Wolf v. MahanTexas Supreme Court · 1882

3Cited by38 opinions

  1. Wheeler v. Tyler Southeastern Railway Co.Texas Supreme Court · 1898
  2. Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
  3. Walker v. Great Atlantic & Pacific Tea Co.Texas Supreme Court · 1938
  4. Missouri, Kansas & Texas Railway Co. v. TarwaterCourt of Appeals of Texas · 1903
  5. Lumbermen's Reciprocal Ass'n v. AdcockCourt of Appeals of Texas · 1922

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API