Dallas & Wichita R'y Co. v. Spicker
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. H. Aldredge. * Plaintiff below, Hannah T. Spicker, alleged that her husband, Henry Spicker, whilst being transported in a train of cars over one of defendant’s bridges, received injuries of which thereafter he died; that they were caused by the giving away of the bridge, and the falling through of the train; that the bridge was constructed by -defendant negligently, and without care, in disregard of human life, and was…
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Appeal from Dallas. Tried below before the Hon. Geo. H. Aldredge. * Plaintiff below, Hannah T. Spicker, alleged that her husband, Henry Spicker, whilst being transported in a train of cars over one of defendant’s bridges, received injuries of which thereafter he died; that they were caused by the giving away of the bridge, and the falling through of the train; that the bridge was constructed by -defendant negligently, and without care, in disregard of human life, and was permitted to become, for want of proper care, unsafe and dangerous to human life; that Henry Spicker, when he received the…
1Opinion of the Court
Stayton, Associate Justice.—
Complaint is made that the court below instructed the jury “ That the burden of proving that Henry Spicker knew of the defective construction and unsafe condition of the bridge is on the defendant.”
The defendant, in its answer, alleged that the defects in its bridge, from which resulted the injury to Henry Spicker, were known to him, and such knowledge, coupled with his passing over the bridge, was made the grounds of the defense of contributory negligence on the part of the injured person, on account of whose death this suit was brought by his wife and mother.
The…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
3Cited by21 opinions
- Brown v. SullivanTexas Supreme Court · 1888
- Houston City Street Railway Co. v. SciaccaTexas Supreme Court · 1891
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
- Citizens Telephone Co. of Texas v. ThomasCourt of Appeals of Texas · 1907
- Gulf, Colorado & Santa Fe Railway Co. v. RedekerTexas Supreme Court · 1886
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