H. & T. C. Ry. Co. v. Carson
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. B. Maltbie. On September 1, 1885, the appellee filed his petition in the district court, seeking to recover of the appellant $10,000 damages, alleged to have been sustained by him at the main street crossing on appellant’s road, in the city of Denison, and alleging that when he started across appellant’s yards, tracks and switches, the way was clear and unobstructed, but, while plaintiff was so crossing, an engine owned by…
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Appeal from Grayson. Tried below before the Hon. B. Maltbie. On September 1, 1885, the appellee filed his petition in the district court, seeking to recover of the appellant $10,000 damages, alleged to have been sustained by him at the main street crossing on appellant’s road, in the city of Denison, and alleging that when he started across appellant’s yards, tracks and switches, the way was clear and unobstructed, but, while plaintiff was so crossing, an engine owned by defendant suddenly appeared from behind an obstruction to plaintiff’s vision, moving along one of the tracks or switches,…
1Opinion of the Court
Robertson, Associate Justice.
The only assignment of error the appellant has briefed is in the following language:
“The jury erred in finding for plaintiff in any sum whatever, because the evidence proved the following facts beyond any doubt: That the defendant had a flagman stationed at the crossing, who, in the discharge of his duty, attempted to stop plaintiff’s team in ample time to have avoided the danger, but was prevented from so doing by plaintiff; that the bell on the engine was being rung ; that the defendant was in the legitimate use of the crossing at the time of the accident, and…
2Cited by9 opinions
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. BoxTexas Supreme Court · 1891
- Gulp, Colorado & Santa Fe Railway Co. v. WagleyCourt of Appeals of Texas · 1897
- Carsey v. HawkinsTexas Supreme Court · 1914
- Dallas Consolidated Traction Railway Co. v. HurleyCourt of Appeals of Texas · 1895
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