San Antonio & Aransas Pass Railway Co. v. Hodges
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Third District, on appeal from McLennan County. Mrs. Hodges and others, the widow and children of I. J. Hodges, sued the railway company for negligently causing his death. Defendant appealed from a judgment in their favor, and on its affirmance applied for writ of error.
1Opinion of the CourtJustice Williams
We think it proper to say that we agree with counsel for plaintiff in error in their contention that the duty of those operating an engine and discovering a person in peril in its path is to exercise ordinary care, that is, such care as persons of ordinary prudence in their situation would use, to avoid injury. The difference in the expressions on the subject found in the decisions is due to the fact that some of them state this legal standard of duty while others describe the diligence to be employed to constitute such ordinary care—■ the performance of the duty. In situations of such…
2Cited by23 opinions
- Trochta v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1920
- Houston & T. C. Ry. Co. v. StevensonTexas Commission of Appeals · 1930
- Missouri, Kansas & Texas Railway Co. v. ReynoldsTexas Supreme Court · 1909
- Missouri, K. & T. Ry. Co. of Texas v. HurdleCourt of Appeals of Texas · 1911
- Furst-Edwards v. St. Louis S. W. Ry. Co.Court of Appeals of Texas · 1912
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