Bethje v. Houston & Central Texas Railway Co.
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. P. W. Gray. The appellant, Bethje, instituted this suit before a justice of the peace, for the value of cattle and hogs, killed and injured by the appellee in running its trains. In the justice’s court the plaintiff recovered judgment for forty-nine dollars and costs. The appellee thereupon took the cause to the District Court by certiorari.
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Appeal from Harris. Tried below before the Hon. P. W. Gray. The appellant, Bethje, instituted this suit before a justice of the peace, for the value of cattle and hogs, killed and injured by the appellee in running its trains. In the justice’s court the plaintiff recovered judgment for forty-nine dollars and costs. The appellee thereupon took the cause to the District Court by certiorari. The court instructed the jury as follows; “In such cases as these the presumption is in favor of the proper exercise of diligence and prudence on the part of the officers. And it is then nefessary for the…
1Opinion of the CourtWheeler, C. J.
There is no controversy as to the principles upon which the decision of the case on the merits depends. The law applicable to the facts of the case is not controverted, and is too well settled to require discussion or the citation of authorities. The only question is as to the correctness of the charge of the court respecting the burden of proof. Upon this point there is some contrariety of decisions.
The subject was very fully considered in the case of Danner v. S. C. R. R. Co., 4 Richardson, 329, and it was there decided that when the plaintiff proves that his cattle were killed by the train…
2Cited by10 opinions
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Texas Central R'y Co. v. ChildressTexas Supreme Court · 1885
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
- Atchison, T. & S. F. R. v. WaltonNew Mexico Supreme Court · 1886
- H. & T. C. R. R. v. LoughbridgeTexas Commission of Appeals · 1883
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