Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Flood

Court of Appeals of Texas

Decided March 12, 1904PublishedCited by 12 opinions

Appeal from the District Court of Collin. Tried below before Hon. J. M. Pearson.

1Opinion of the Court

BOOKHOUT,. Associate Justice.

This action was brought to recover damages for personal injuries sustained by appellee while a passenger on the appellant’s train from Fort Worth to Denison, caused by a spark or cinder getting into his eye. There was a judgment upon the verdict of a jury for appellee on April 11, 1903, for $11,000. Defendant appealed. This is the second appeal in the cause, the first being reported in 70 S. W. Rep., 331.

Conclusions of Fact.—On the night of July 17, 1899, the appellee was a passenger on one of appellant’s passenger trains on his way from Fort Worth to Denison.…

2Cases cited2 opinions

  1. St. Louis Southwestern Railway Co. v. ParksTexas Supreme Court · 1903
  2. Smyth v. CaswellTexas Supreme Court · 1887

3Cited by12 opinions

  1. Francis v. Atchison, Topeka & Santa Fe Railway Co.Texas Supreme Court · 1923
  2. Nichols v. NelsonCalifornia Court of Appeal · 1927
  3. Illinois Cent. Railroad v. PorterTennessee Supreme Court · 1906
  4. Federman v. City of StamfordSupreme Court of Connecticut · 1934
  5. Ballos v. NaturalCalifornia Court of Appeal · 1928

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