Texas & Pacific Railway Co. v. Breadow
Texas Supreme Court
Error to Court of Civil Appeals, Fourth District, in an appeal from Dallas County. The opinion states the case. Plaintiff had judgment in the trial court.
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Error to Court of Civil Appeals, Fourth District, in an appeal from Dallas County. The opinion states the case. Plaintiff had judgment in the trial court. Upon the point involved in this opinion the appellate court first reversed the case, holding the evidence insufficient to justify a submission of the question, but upon motion for rehearing by appellee it was concluded that the evidence was sufficient for that purpose and the judgment was affirmed, and a motion of appellant for rehearing afterwardsoverruled. The three opinions may be found in 35 S. W. Rep., 490.
1Opinion of the Court
DENMAH, Associate Justice.
Defendant in error sued plaintiff in error to recover damages for injuries inflicted upon her husband, Fred Breadow, March 7, 1892, resulting in his death.
So far as it bears upon the question we give the substance of the testimony.
Paul Lake testified for plaintiff: “Breadow left me directly after the switch engine passed; he went straight across to the main track and walked down the middle, between the main track and passing track. At the time I was working there that was all level and people used to walk between the two tracks. The path was like a snake, you know,…
2Cited by158 opinions
- Turner v. Texas Co.Texas Supreme Court · 1942
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Missouri, Kansas & Texas Railway Co. v. MageeTexas Supreme Court · 1899
- Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
- Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
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