East Line & Red River Railroad v. Brinker
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. J. H. B. Putman. Suit by W. J. Brinker to recover damages for alleged personal injuries received on the fifth day of April, 1885, at the point where appellant’s railroad crosses a public highway, known as the Sulphur Springs and Pittsburg road; by reason of the fact, as he alleges, that appellant failed to prepare, fix and keep the same in repair, and had allowed, the plank covering over the crossing to become “defective,…
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Appeal from Hopkins. Tried below before the Hon. J. H. B. Putman. Suit by W. J. Brinker to recover damages for alleged personal injuries received on the fifth day of April, 1885, at the point where appellant’s railroad crosses a public highway, known as the Sulphur Springs and Pittsburg road; by reason of the fact, as he alleges, that appellant failed to prepare, fix and keep the same in repair, and had allowed, the plank covering over the crossing to become “defective, rotten and insufficient,” that in crossing the same on horseback, his horse’s foot broke through the covering, which caused…
1Opinion of the Court
Willie, Chief Justice.
The petition charges that the injury complained of occurred through the negligence of the railroad company, in failing to prepare, fix and keep in repair a good, safe and substantial crossing over the railroad track, at the place where it was crossed by the Sulphur Springs and Pittsburg dirt road; and it further charged that this crossing was defective, rotten and insufficient.
The plaintiff was not bound to set forth in his petition with any great particularity the specific acts of negligence which brought about his injury. (Oldfield v. N. Y. R. Co., 14 New York, 310;.…
2Cited by17 opinions
- Murphy v. Southern Pacific Co.Nevada Supreme Court · 1909
- Gulf, Colorado & Santa Fe Railway Co. v. HaydenCourt of Appeals of Texas · 1902
- Turner v. Big Lake Oil Co.Court of Appeals of Texas · 1933
- Galveston, H. & S, A. Ry. Co. v. AverillCourt of Appeals of Texas · 1911
- Freeman v. WilsonCourt of Appeals of Texas · 1912
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