Gulf, C. & S. F. Ry. Co. v. Steed
Court of Appeals of Texas
Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Action by S. A. Steed and wife against the Gulf, Colorado & Santa Fé Railway Compa-' ny. Judgment for plaintiffs, and defendant appeals. On the afternoon of April 25, 1916, appel-lee Mrs. Steed, then a passenger on one of appellant’s trains, while walking from the front end to the rear end of the ear she was in, fell to the floor thereof, and thereby, was injured.
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Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Action by S. A. Steed and wife against the Gulf, Colorado & Santa Fé Railway Compa-' ny. Judgment for plaintiffs, and defendant appeals. On the afternoon of April 25, 1916, appel-lee Mrs. Steed, then a passenger on one of appellant’s trains, while walking from the front end to the rear end of the ear she was in, fell to the floor thereof, and thereby, was injured. Her account of the accident was, substantially, as follows: The conductor was at about the middle of the car, standing in the aisle, bent over, talking' to some one, as…
1Opinion of the Court
Keeping in mind the rule that required appellant's conductor to use the care a very cautious, prudent, and competent person would have used for Mrs. Steed's safety when he saw her walking toward him in the aisle of the car (Railway Co. v. Halloren, 53 Tex. 46, 37 Am.Rep. 744; St. John v. Ry. Co., 80 S.W. 235), we nevertheless are of the opinion the trial court erred when he refused appellant's request that he instruct the jury to return a verdict in its favor; for we do not think the facts proven warranted a finding that said conductor acted as such a person would not have acted. We think a…
2Cases cited7 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Clements v. BucknerCourt of Appeals of Texas · 1904
- City of Ft. Worth v. PattersonCourt of Appeals of Texas · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Texas Utilities Co. v. WestCourt of Appeals of Texas · 1933
- Fort Worth & D. C. Ry. Co. v. ArmitageCourt of Appeals of Texas · 1931
- Steed v. Gulf, C. & S. F. Ry. Co.Texas Commission of Appeals · 1921