Ft. Worth, & D. C. Ry. Co. v. Smithers
Court of Appeals of Texas
Appeal from District Court, Dallam County; Reese Tatum, Judge. Action by Glenn Smithers against the Fort, Worth & Denver City Railway Company and another. Judgment for plaintiff, and defendants appeal.
1Opinion
On Motion for Rehearing.
[17-19] We have concluded we were in error in holding paragraph 11 of the court’s charge sufficiently submitted the issue of assumed risk as to the grease and water, and in holding there was no reversible error in refusing requested charge 18, of which complaint is made under the second assignment of error. In charge 11 the jury were told, if “plaintiff knew there was grease and water on the apron in the cab of said engine, or by the exercise of ordinary care could have known the same while in the discharge of his duties, in time, by the exercise of ordinary care on…
2Cases cited15 opinions
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Chesapeake & Ohio Railway Co. v. De AtleySupreme Court of the United States · 1916
- Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Bonnet v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1895
- City of Louisville v. Hart's Admr.Court of Appeals of Kentucky · 1911
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