H. & T. C. R'y Co. v. Wilson
Texas Supreme Court
Error from Collin. Tried below before the Hon. R. R. Gaines. Suit against the railroad company to recover damages for personal injuries, the killing of a horse and the destruction of a wagon.
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Error from Collin. Tried below before the Hon. R. R. Gaines. Suit against the railroad company to recover damages for personal injuries, the killing of a horse and the destruction of a wagon. The case as made was that, about the 20th day of August, 1875, plaintiff was driving his wagon along a public highway, which crossed the railroad track in the city of McKinney; that on the side from which he approached the track it was obstructed by freight cars standing on the siding; that he looked and listened for an approaching train before he undertook to cross, but neither saw nor heard any. About…
1Opinion of the Court
Watts, J. Com. App.
Plaintiff in error insists that the court erred in refusing to give certain instructions to the effect that if the defendant in error was not in a position to see whether there was *143an approaching train, that then it was his duty to stop his wagon and listen for such trains before undertaking to make the crossing; and a failure to do this would preclude a recovery by him for any injury received, notwithstanding those operating the train Avere negligent in omitting to ring the bell or sound the whistle.
The court had instructed the jury that it Avas the duty of defendant in…
2Cited by54 opinions
- Missouri Pacific Railroad v. American StatesmanTexas Supreme Court · 1977
- International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Barron v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Hines v. ArrantCourt of Appeals of Texas · 1920
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