Galveston City Railroad v. Hewitt
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H, Stewart. This suit was brought in the name of appellee, an infant nineteen months old at the date of the injury complained of. He was run over by a street car of appellant in a public street in Galveston between four and five o’clock in the day time, and by a car under the control of one of appellant’s employees.
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Appeal from Galveston. Tried below before the Hon. W. H, Stewart. This suit was brought in the name of appellee, an infant nineteen months old at the date of the injury complained of. He was run over by a street car of appellant in a public street in Galveston between four and five o’clock in the day time, and by a car under the control of one of appellant’s employees. The injury was to the spine, and resulted in an incurable disease, which would, as he grew up, disable him from competition with laboring men. A detail of the testimony would not help to a clearer understanding of the opinion.…
1Opinion of the Court
Stayton, Associate Justice.
The charge of the court complained of in the second assignment was correct, and there was evidence which made the charge applicable to the case. The appellee, a child nineteen months of age, was seen on the track of .appellant’s street railway, in advance of an approaching car, which ran over him. Whether the driver saw the child does not appear, but the inference, from the fact that he did not stop the car until he had reached the next corner after running over the child, is that he did not.
The only person who testified in the case, that saw the accident at the…
2Cited by78 opinions
- Mount Pleasant Independent School District v. Estate of Lindburg Ex Rel. LindburgTexas Supreme Court · 1989
- Texas & Pacific Railway Co. v. ShoemakerTexas Supreme Court · 1905
- Texas & Pacific Railway Co. v. WatkinsTexas Supreme Court · 1895
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Shippers Compress & Warehouse Co. v. DavidsonCourt of Appeals of Texas · 1904
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