Choate v. San Antonio & Aransas Pass Railway Co.
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Karnes County. The suit was originally brought by Choate in the District Court to recover of the railway company damages for personal injuries received by him while a passenger on one of its trains, through being thrown from the platform while passing from one car to another by a sudden jerk of the train.
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Error to Court of Civil Appeals for Fourth District, in an appeal from Karnes County. The suit was originally brought by Choate in the District Court to recover of the railway company damages for personal injuries received by him while a passenger on one of its trains, through being thrown from the platform while passing from one car to another by a sudden jerk of the train. Plaintiff recovered damages and on appeal the judgment was reversed by the Court of Civil Appeals, which held that the. evidence required a peremptory instruction to find for defendant. Appellee, having amended his…
1Opinion of the Court
The conclusions of fact as found by the Court of Civil Appeals are as follows:
"Plaintiff testified upon this trial as to how the accident happened as follows: 'I got on the San Antonio and Aransas Pass Railroad on March 15, at Runge to go to San Antonio. I paid my passage. I first got on the ladies' car; then I changed to the smoker. I was crippled at the time. I went back into the smoker and left my crutch in the ladies' car. It is called the ladies' car; it was the first-class car. It was at Elmendorf that I got hurt. I was sitting with Jim Gilleland and Davis Wade. I think that Davis Wade…
2Cases cited21 opinions
- Brown v. SullivanTexas Supreme Court · 1888
- Texas & Pacific Railway Co. v. MillerTexas Supreme Court · 1890
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1889
- Williams v. DavidsonTexas Supreme Court · 1875
16 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- In Re King's EstateTexas Supreme Court · 1951
- Cartwright v. CanodeTexas Supreme Court · 1914
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1898
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Electric Express & Baggage Co. v. AblonTexas Supreme Court · 1920
111 more not listed; retrieve them via the Exa API.