T. & P. R'y Co. v. O'Donnell
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. B. T. Estes. Action for damages for loss of an arm by the negligence of the railroad company. Verdict and judgment for $8,000. This case should have appeared in 57th Texas, but the transcript was not accessible. More space than usual is allowed it on account of the dissenting opinion of Associate Justice Bonner. The evidence was as follows:
1Opinion of the Court
Could, Chief Justice.
It is not proposed to discuss the various propositions of counsel for appellant, based on objections to the charge as given, or the refusal of charges asked. In so far as these propositions deny that a railroad company owes any duty to persons on its track, they assert a principle which this court has heretofore refused to adopt, and which is believed to be generally, if not universally, denied by the courts when applied to the case of an infant trespasser. H. & T. C. R’y Co. v. Sympkins, 54 Tex., 620; Pierce on Railroads, p. 332 et seq.; 2 Thompson on Neg., p. 1180 et…
2Cases cited1 opinion
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
3Cited by22 opinions
- McIver v. GloriaTexas Supreme Court · 1943
- International-Great Northern R. v. AckerCourt of Appeals of Texas · 1939
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Silberberg v. PearsonCourt of Appeals of Texas · 1889
- Pride Transport Co., Inc. v. HughesCourt of Appeals of Texas · 1979
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