Houston & T. C. R. W. Co. v. Terry
Texas Supreme Court
Error from Harris. Tried below before the" Hon, James Masterson. Suit to recover the value of a mare and colt alleged, the former to have been killed, and the latter so injured as to make it worthless, by collision with appellant’s train of cars, within the corporate limits of the city of Houston.
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Error from Harris. Tried below before the" Hon, James Masterson. Suit to recover the value of a mare and colt alleged, the former to have been killed, and the latter so injured as to make it worthless, by collision with appellant’s train of cars, within the corporate limits of the city of Houston. The petition alleged that the cars are inhibited, by an ordinance of the city, from running at a greater rate of speed than six miles an hour within the city limits ; that at the time of the injury complained of] the cars were running at a much greater rate, and without signal of either whistle or…
1Opinion of the CourtDevine, J.
The assignments of error in this case are that,
First. “ The court erred in the first paragraph of its charge, “ in that it makes defendant liable for its cars striking the ani“mals, regardless of the conduct of the animals, and in the “ second paragraph, defendant is made liable, although its cars “ may not have touched the animals.”
Second. “The court erred in overruling motion for new “ trial.” We perceive no error in the first paragraph of the charge. The second paragraph is open to the objection that it presented a material question for the consideration of the jury, which was not raised…
2Cited by10 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. FrenchTexas Supreme Court · 1893
- Loving v. DixonTexas Supreme Court · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. VienoCourt of Appeals of Texas · 1894
- Hall & Ruckel v. Johnston, Hill & Co.Court of Appeals of Texas · 1894
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