San Antonio & Aransas Pass Railway Co. v. Mertink
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Lee County. Mertink sued the railway company and recovered judgment. Defendant appealed, and on affirmance obtained writ of error.
1Opinion of the CourtJustice Brown
George Mertink owned a farm in Lee County through which the railroad of the plaintiff in error ran. He lived on the land with his wife, his daughter and her husband, Mr. Proske. The residence was on the east side of the railroad and the right of way through the farm was fenced, with one opening, through which ran a road from the residence to a portion of the farm on the west side of the railroad. At this opening there was constructed a crossing for the convenience of the occupants of the residence and those who cultivated the farm. On the day of the accident, Mertink, his wife and his…
2Cases cited3 opinions
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1887
3Cited by21 opinions
- Texas & Pacific Railway Co. v. WoodTexas Supreme Court · 1947
- Shawnee Gas & Electric Co. v. MotesenbockerSupreme Court of Oklahoma · 1913
- Greathouse v. Fort Worth & Denver City Ry. Co.Texas Commission of Appeals · 1933
- Schafer v. StevensCourt of Appeals of Texas · 1961
- Quanah, A. & P. Ry. Co. v. GallowayCourt of Appeals of Texas · 1914
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