Hamilton v. Texas & Pacific R'y Co.
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On the 26th day of May, 1883, S. B. Hamilton, appellant, and Mollie F. Hamilton, his wife, instituted this suit in the district court of Tarrant county, Texas, against the Texas & Pacific Railway Company, to recover damages for alleged injuries suffered by Mollie F. Hamilton, by reason of her falling from a defective platform of the defendant railway company at Ben Brook, in Tarrant county, Texas, on defendant’s…
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. On the 26th day of May, 1883, S. B. Hamilton, appellant, and Mollie F. Hamilton, his wife, instituted this suit in the district court of Tarrant county, Texas, against the Texas & Pacific Railway Company, to recover damages for alleged injuries suffered by Mollie F. Hamilton, by reason of her falling from a defective platform of the defendant railway company at Ben Brook, in Tarrant county, Texas, on defendant’s line, by reason of its being improperly lighted and not provided with proper railings and safeguards. On the 26th of…
1Opinion of the Court
Walker, J. Com. App.
The court erred, we think, in sustaining defendant’s special exception to the plaintiff’s petition. The principle seems to be well settled that a railroad company “ is under a special duty to persons who come upon its premises for the purpose of doing business with it as a common carrier. In this case it gives an invitation as well as a license, and does so under the expectation of profit therefrom. It must provide and maintain for them safe approaches to the station and safe platforms.” Pierce on Railroads, 275.
The important question in this case is, whether the plaintiff…
2Cases cited3 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Langan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1880
- Keokuk Packet Co. v. HenryIllinois Supreme Court · 1869
3Cited by22 opinions
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Kallum v. WheelerTexas Supreme Court · 1937
- Denver & Rio Grande Railroad v. SpencerSupreme Court of Colorado · 1900
- Dowd v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1893
- Southern Railway Co. v. BatesSupreme Court of Alabama · 1915
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