International & Great Northern Railroad v. Kuehn
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. On the twenty-seventh day of February, 1883, Julius Kuehn was traveling along the public highway, riding in a wagon and going to his home. At the railroad track north of the Q-audalupe river, a north bound passenger train collided with his wagon and injured Kuehn severely in the head.
Read the full summary
Appeal from Comal. Tried below before the Hon. Thomas M. Paschal. On the twenty-seventh day of February, 1883, Julius Kuehn was traveling along the public highway, riding in a wagon and going to his home. At the railroad track north of the Q-audalupe river, a north bound passenger train collided with his wagon and injured Kuehn severely in the head. Kuehn brought suit in the district court of Bexar county for damages on account of the personal injuries received, and also for the value of his wagon and horses. This suit was dismissed by the plaintiff at his own cost on the third day of…
1Opinion of the Court
Walker, Associate Justice.
The widow and the two minor children of Julius Kuehn sued the appellant and obtained judgment for negligently killing the said Julius.
It is elementary, and recognized in the many decisions of this court in like cases, that, to recover in such case, it devolves upon the plaintiffs to show that the death was caused by the defendant; that in the collision causing the death the deceased was using proper care—that is, that he was not himself guilty of negligence directly contributing to the collision; and that the defendant company was guilty of negligence or want of the…
2Cases cited1 opinion
- Central & Montgomery Railroad v. Morris & CrawfordTexas Supreme Court · 1887
3Cited by13 opinions
- St. Louis S. F. R. Co. v. Goode, Adm'x.Supreme Court of Oklahoma · 1914
- J. A. Robinson Sons, Inc. v. EllisCourt of Appeals of Texas · 1967
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Aguillard v. McGowenCourt of Appeals for the Fifth Circuit · 2000
- International & Great Northern Railway Co. v. KuehnCourt of Appeals of Texas · 1893
8 more not listed; retrieve them via the Exa API.