International & Great Northern Railway Co. v. Dyer
Texas Supreme Court
Appeal from Galveston. Tried below before Hon. Wm. H. Stewart. This is an appeal from a judgment in Dyer’s favor for $5000 damages ■for injuries received in attempting to cross the track of the defendant in the city of Galveston. Plaintiff was a drayman, driving a dray heavily loaded with wood and a tree 'intended for a Christmas tree from the wharf south along Twentieth Street.
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Appeal from Galveston. Tried below before Hon. Wm. H. Stewart. This is an appeal from a judgment in Dyer’s favor for $5000 damages ■for injuries received in attempting to cross the track of the defendant in the city of Galveston. Plaintiff was a drayman, driving a dray heavily loaded with wood and a tree 'intended for a Christmas tree from the wharf south along Twentieth Street. He had to cross Avenue A, running east and west, on which defendant had its track and operated its trains. While crossing, a loose box car or cars that were standing on the track in or near the street were struck by…
1Opinion of the Court
COLLAED, Judge.
Appellant's first assignment of error is: “The
court erred in admitting the testimony of the witness Dick over the objection of defendants, as evidenced by bill of exceptions Ho. 2.'' The question "asked of the witness was, “Did you hear any admissions from this flagman as to the waving of the flag?” To which question defendant objected on the ground that a sufficient predicate had not been laid to impeach the witness Lang. Then the witness answered, “ He (Dyer) said, 1 why did you flag me over?' and Lang said, ‘I thought there was a brakeman on the car.” The answer was objected…
2Cases cited7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GasscampTexas Supreme Court · 1888
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Gulf, Colorado & Santa Fe Ralway Co. v. MooreTexas Supreme Court · 1887
- Denham v. Trinity County Lumber Co.Texas Supreme Court · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Texas Coca-Cola Bottling Co. v. LovejoyCourt of Appeals of Texas · 1940
- Missouri, K. & T. Ry. Co. of Texas v. CardwellCourt of Appeals of Texas · 1916
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Calhoun v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. DanielsCourt of Appeals of Texas · 1894
11 more not listed; retrieve them via the Exa API.