Texas Midland R. Co. v. Truss
Court of Appeals of Texas
Appeal froni District Court, Hunt County; A. P. Dohoney, Judge. Action by A. D. Truss against the Texas Midland Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal froni District Court, Hunt County; A. P. Dohoney, Judge. Action by A. D. Truss against the Texas Midland Railroad Company. Judgment for plaintiff, and defendant appeals. The appellee, intending to board appellant’s train as a passenger, was injured on the depot platform at Cash by striking his heaa against an iron rod that was maintained to operate the signal board for the trains, ihe rod extended out of the ticket and. telegraph office -of the depot building, and connected with the signal post located on the platform between 3 and 4 feet from the wall of the building. The rod was 5…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1-3] The verdict of the jury involves the findings of fact that the appellant company was negligent in maintaining the rod at the height it was, as pleaded; that such negligence proximately caused the injury to ap-pellee; and that appellee was not guilty of contributory negligence. There is evidence to support these findings, and they are sustained and here adopted.
[4] The evidence is conflicting as to the éxtent of the injuries suffered by appellee; and, as a consequence, the verdict of the jury as to amount of damages having evidence to support it, is…
2Cases cited2 opinions
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Armour Co. v. MorganCourt of Appeals of Texas · 1912
3Cited by4 opinions
- Fisher Construction Company v. RiggsCourt of Appeals of Texas · 1959
- Chicago, R. I. &. G. Ry. Co. v. DickersonCourt of Appeals of Texas · 1925
- HOUSTON LIGHTING AND POWER COMPANY v. BrooksCourt of Appeals of Texas · 1958
- Chicago, R. I. &. G. Ry. Co. v. DickersonCourt of Appeals of Texas · 1925