Texas & New Orleans Railroad v. Jackson

KEY, Associate Justice.

This is a personal injury suit, which resulted in a verdict and judgment for the plaintiff for $6,000, and the defendant has appealed. The case was submitted to the jury upon the following instructions given by trial judge:

"1. Negligence, as "a law term, means the want of ordinary care; that is, the want of such care as an ordinarily prudent person would have exercised under the same or similar circumstances.

“2. Contributory negligence, as a law phrase, means such act or omission on the part of a plaintiff as an ordinarily prudent person would not do or suffer to be…