International & Great Northern Railway Co. v. Gray
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. James I. Perkins. This action was brought in the District Court of Cherokee county by John J. Gray and his wife, Mary A. Gray, for themselves, against the International and Great northern Railroad company and the Missouri Pacific Railway company, to recover actual damages for an injury inflicted upon Mrs. Mary A. Gray, one of the plaintiffs, and for compensation for the death of a child of the plaintiffs, and the loss of…
Read the full summary
Appeal from Cherokee. Tried below before the Hon. James I. Perkins. This action was brought in the District Court of Cherokee county by John J. Gray and his wife, Mary A. Gray, for themselves, against the International and Great northern Railroad company and the Missouri Pacific Railway company, to recover actual damages for an injury inflicted upon Mrs. Mary A. Gray, one of the plaintiffs, and for compensation for the death of a child of the plaintiffs, and the loss of service of another child, caused by the negligence of the. servants of appellants. The defendants below plead in defence in…
1Opinion of the Court
Willie, Chief Justice.
This case comes before us upon one assignment of error only of which we can take notice, viz: “The ver“diet of the jury is manifestly contrary to the law and evidence, “for the uncontradicted evidence shows that the plaintiffs, by their “negligence, contributed proximately to the injury complained of.”
It seems to be conceded that there was negligence in operating the train that collided with the hand-car, and the case is rested by the appellants upon the contributory negligence of the parties injured by the collision. The question as to negligence in the operation of the…
2Cases cited1 opinion
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by39 opinions
- Ward v. CatheyCourt of Appeals of Texas · 1919
- Missouri, Kansas & Texas Railway Co. v. SaundersTexas Supreme Court · 1908
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- International & Great Northern Railway Co. v. WoodwardCourt of Appeals of Texas · 1901
- Texas N. O. R. Co. v. DiazCourt of Appeals of Texas · 1921
34 more not listed; retrieve them via the Exa API.