Hines v. Roan
Court of Appeals of Texas
Appeal from District Court, Orange County; T. C. Adams, Judge. Action by W. B. Roan for the death of his wife and son against Walker D. Hines, Director General of Railroads. From a judgment for plaintiff, defendant appeals.
1DissentWalker, J.
I give the following reasons for my dissent from the judgment of my Brethren, reversing this case:
1. Twice before (Railway Co. v. Harrington, 209 S. W. 685, and Railway Co. v. Peveto, 224 S. W. 552) we have reviewed the facts of this crossing. We there held that the question of contributory negligence was for the. jury. The material difference between the facts of these three cases is that Mrs. Roan could have seen the train a greater distance from the crossing. If contributory negligence was a question of fact in the Harrington and Peveto Oases, I cannot escape the conclusion that it was a…
2Cases cited10 opinions
- Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914
- Texas & N. O. R. v. HarringtonCourt of Appeals of Texas · 1919
- Galveston-Houston Electric Ry. Co. v. PatellaCourt of Appeals of Texas · 1920
- San Antonio Traction Co. v. LevysonCourt of Appeals of Texas · 1908
- Texas N. O. R. Co. v. PearsonCourt of Appeals of Texas · 1920
5 more not listed; retrieve them via the Exa API.