Hoover v. Tex. & P. R'y Co.
Texas Supreme Court
Appeal from Tarrant. Tried below before J. F. Cooper, Esq., special judge. This suit was brought by appellants, stating that on the 15th of November, 1882, they resided in Pennsylvania, and were the father and mother of Holland H. Hoover, who was of the age of twenty-two years.
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Appeal from Tarrant. Tried below before J. F. Cooper, Esq., special judge. This suit was brought by appellants, stating that on the 15th of November, 1882, they resided in Pennsylvania, and were the father and mother of Holland H. Hoover, who was of the age of twenty-two years. That on that day appellee, being engaged in running cars by means of steam locomotives in the city of Fort Worth, negligently ran an engine tender backwards and thereby killed the said Holland H. Hoover. Plea of general issue and contributory negligence. Judgment for the defendant. At the request of plaintiffs’…
1Opinion of the Court
West, Associate Justice.—
We have examined very closely into the facts of this case, and after some hesitation have reached the conclusion that the judgment of the district court is sustained by the law and the evidence.
The court found, and the evidence justified the court in so finding, that the deceased was guilty of contributory negligence.
The general rule is, that a person (or his heirs in case of his death) cannot recover for an injury to which he contributed by his own want of ordinary care. Pierce on Railroads, p. 323.
The record shows that at the period when the deceased entered upon…
2Cited by6 opinions
- Taylor v. HaynesCourt of Appeals of Texas · 1929
- Missouri, Kansas & Texas Railway Co. v. CowlesCourt of Appeals of Texas · 1902
- Cowles v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1902
- G., C. & S. F. R'y Co. v. DodsonCourt of Appeals of Texas · 1888
- Mo. Pac. R'y Co. v. BurnettCourt of Appeals of Texas · 1887
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