Galveston City Railway Co. v. Nolan
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Michael Nolan against the Galveston City Railroad Company for injuries to himself and to his dray, caused by alleged imperfections in defendant’s railroad track and roadbed, over which plaintiff drove his dray loaded with whisky.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Michael Nolan against the Galveston City Railroad Company for injuries to himself and to his dray, caused by alleged imperfections in defendant’s railroad track and roadbed, over which plaintiff drove his dray loaded with whisky. The defense was: First, a general denial; second, that the injuries complained of resulted from the negligence of plaintiff; third, that if the injuries resulted from negligence of defendant, plaintiff was guilty of contributory negligence. There was a verdict and judgment in favor of…
1Opinion of the Court
Gould, Associate Justice.
In attempting to cross the track and switch of the Galveston City Railroad with a loaded dray, Michael Nolan had his dray broken, and received personal injuries. This suit was brought to recover damages for these injuries, alleging that the defendant had negligently failed to keep their track in good repair, and on a level with *146the grade of the street, and had permitted their rails to become elevated above the grade of the street, by reason whereof the accident occurred. The trial resulted in a judgment in favor of Nolan for §1,300, and the case has been brought to…
2Cases cited2 opinions
- Gibbs v. BelcherTexas Supreme Court · 1867
- City of Galveston v. Galveston City R. R. Co.Texas Supreme Court · 1877
3Cited by11 opinions
- Smith v. HengerTexas Supreme Court · 1950
- Fowden v. Pacific Coast Steamship Co.California Supreme Court · 1906
- Union Street Railway Co. v. StoneSupreme Court of Kansas · 1894
- Ellis v. BrooksTexas Supreme Court · 1908
- Brooke v. ClarkTexas Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.