Texarkana & Ft. S. Ry. Co. v. Rea
Court of Appeals of Texas
Appeal from Bowie County Court; Lee Tidwell, Judge. Action by H. W. Rea against the Texar-kana & Ft. Smith Railway Company. From a judgment for plaintiff, defendant appeals. Appellant’s line of railway through Tex-arkana runs nearly north and south. While the principal business and residence parts of the city lie east 'of said line of railway, large parts of same, known as Rose Hill, lie west thereof.
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Appeal from Bowie County Court; Lee Tidwell, Judge. Action by H. W. Rea against the Texar-kana & Ft. Smith Railway Company. From a judgment for plaintiff, defendant appeals. Appellant’s line of railway through Tex-arkana runs nearly north and south. While the principal business and residence parts of the city lie east 'of said line of railway, large parts of same, known as Rose Hill, lie west thereof. One of the most used thoroughfares between the part of the city west of said line of railway and the part east thereof is Seventh street. Said street runs nearly east and west where it crosses…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). Appellant insists that the testimony did not authorize a finding that it was guilty of negligence which proximately caused the collision resulting in injury to the automobile, but demanded a finding that ap-pellee was guilty of such negligence, and that therefore the judgment is erroneous.
[1-3] The law (article 6564, Vernon’s Statutes) made it the duty of the persons in charge of the engine to ring the bell thereof as it approached the crossing. The testimony of appellee that they failed to discharge the duty authorized the finding that they…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. BaileyTexas Supreme Court · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. VollrathCourt of Appeals of Texas · 1905
- Gulf, Colorado & Santa Fe Railway Co. v. HallCourt of Appeals of Texas · 1904
- Shaw v. Thompson Bros. Lumber Co.Court of Appeals of Texas · 1915
- Houston & Texas Central Railroad v. PattersonCourt of Appeals of Texas · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Texas Indemnity Insurance v. StaggsTexas Supreme Court · 1940
- Texas Utilities Co. v. DearCourt of Appeals of Texas · 1933
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1919
- Houston Natural Gas Co. v. KluckCourt of Appeals of Texas · 1941
- Panhandle & S. F. Ry. Co. v. TisdaleCourt of Appeals of Texas · 1917
2 more not listed; retrieve them via the Exa API.