Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Malone

Texas Supreme Court

Decided January 27, 1909No. 1903PublishedCited by 36 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Hunt County. Malone sued the railway company and recovered judgment. Defendant appealed, and on affirmance obtained writ of error.

1Opinion of the CourtJustice Brown

On the 11th day of August, 1905, W. J. Malone took passage at Dallas on the Missouri, Kansas & Texas Bailway for Boyse, a station on that road. He desired to go to a station called Burrow, a few miles from Boyse, but the conductor refused to stop the train at that place and he got off at Boyse. It was about 10 o’clock when he reached Boyse, and with a grip in his hand and a coat on his arm he started to walk on the railroad track to Burrow. He says that he walked slowly and rested frequently. At some time in the night near to 12 o’clock he reached a bridge over Sabine Creek. The bridge was…

2Cases cited3 opinions

  1. Texas & Pacific Railway Co. v. WatkinsTexas Supreme Court · 1895
  2. Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
  3. Bradley v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1891

3Cited by36 opinions

  1. Weatherford, M. W. & N. W. Ry. Co. v. ThomasCourt of Appeals of Texas · 1915
  2. St. Louis, S. F. T. Ry. Co. v. WestCourt of Appeals of Texas · 1915
  3. Ft. Worth & D. C. Ry. Co. v. BroomheadCourt of Appeals of Texas · 1911
  4. St. Louis, Southwestern Railway Co. v. WattsTexas Supreme Court · 1919
  5. Freeman v. McElroyCourt of Appeals of Texas · 1912

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