Galveston, Harrisburg & San Antonio Railway Co. v. Lewis

JAMES, Chief Justice.

This is a suit for damages for personal injury growing out of the following facts:

That defendant’s railway track ran upon and along Walnut Street, a public street in the city of San Antonio, and the street was in such condition, by reason of a deep ditch on one side and obstructions on the other, that the public were required for convenience to commonly use the track.

That on September 16, 1883, plaintiff had occasion to pass down said street, on his way home, from one side of the track to the other, and was walking along defendant’s road, when an engine with two cars…