Legal Opinion
Galveston, Harrisburg & San Antonio Railway Co. v. Clark
Court of Appeals of Texas
Decided April 26, 1899PublishedCited by 8 opinions
Appeal from Medina. Tried below before Hon. I. L. Martin.
1Opinion of the Court
JAMES, Chief Justice.
Action for personal injury to a child from being struck by a train. The questions raised in the appeal are errors alleged in respect to demurrers, admission of testimony, and the instructions to the jury.
The child was 17 months of age, and there was, of course, no contributory negligence in the case, and there was testimony showing negligence of defendant as the cause of its injury.
The demurrers to the petition were properly overruled. Ewing v. Duncan, 81 Texas, 236; Floyd v. Patterson, 72 Texas, 207.
The court charged that in estimating plaintiff’s damage they might take…
2Cases cited3 opinions
- Ewing v. DuncanTexas Supreme Court · 1891
- Church v. WaggonerTexas Supreme Court · 1890
- Greening v. KeelTexas Supreme Court · 1888
3Cited by8 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Decatur Cotton Seed Oil Co. v. BelewCourt of Appeals of Texas · 1915
- Foster v. BurginCourt of Appeals of Texas · 1922
- Houston Lighting & Power Company v. ReedCourt of Appeals of Texas · 1963
- Patterson v. BlattiSupreme Court of Minnesota · 1916
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