Austin Dam & Suburban Railway Co. v. Goldstein

FISHER, Chief Justice.

This is a suit by the appellee against the appellant to recover damages on account of injuries sustained in a collision with one of the cars operated by appellant upon its street car track. The appellant operates a street car line upon the streets of the city of Austin. The appellee, while riding in a buggy upon the street, in attempting to cross the street car track, was struck by one of the moving cars on appellant’s road.

There is some evidence which has a tendency to show negligence upon the part of both parties; that upon the part of the appellant consisting in…