Legal Opinion

Dallas Rapid Transit Railway Co. v. Payne

Texas Supreme Court

Decided November 7, 1904No. 1349PublishedCited by 4 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Payne sued the Dallas Rapid Transit Railway Company for personal injuries received as a passenger while alighting from a car in motion, and recovered judgment. On defendant’s appeal it was affirmed and appellant thereupon procured writ of error.

1Opinion of the Court

BROWN, Associate Justice.

Robert L Payne, a minor, by his-next friend H. C. Payne, instituted this suit in the District Court of the Forty-fourth -District, at Dallas, to recover from the Dallas Rapid Transit Company for injuries alleged to have been received by the plaintiff through the negligence of the company while he was riding as a passenger upon the defendant’s street railroad car in the city of Dallas,, on the 24th day of April, 1902. Defendant pleaded a general denial, and that the injury, if any was received, was caused by the contributory negligence of the plaintiff. The District…

2Cases cited1 opinion

  1. Missouri, Kansas & Texas Railway Co. v. WilliamsTexas Supreme Court · 1897

3Cited by4 opinions

  1. Horwitz v. Jefferson County Traction Co.Court of Appeals of Texas · 1916
  2. Dallas Railway & Terminal Co. v. TravisTexas Supreme Court · 1935
  3. Dallas Ry. & Terminal Co. v. TravisTexas Commission of Appeals · 1935
  4. San Antonio Public Service Co. v. TurbinCourt of Appeals of Texas · 1941

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