Legal Opinion

Texas & Pacific Railway Co. v. Stewart

Supreme Court of the United States

Decided April 21, 1913No. 205PublishedCited by 16 opinions

ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of a common carrier for injuries sustained by a passenger, are stated in the opinion. By the evidence in the case there is no negligence of the defendant -shown that was the proximate cause of the injury. Even if the steps of the car were wet and .slippery, that would be the direct result of the rain and- not on account of any negligence of the defendant.

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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. The facts, which involve the liability of a common carrier for injuries sustained by a passenger, are stated in the opinion. By the evidence in the case there is no negligence of the defendant -shown that was the proximate cause of the injury. Even if the steps of the car were wet and .slippery, that would be the direct result of the rain and- not on account of any negligence of the defendant. If there was negligence on the part of the defendant, it was not the direct cause of the injury, but plaintiff’s own voluntary conduct…

1Opinion of the CourtJustice Day

This case was begun by Mrs. Dora É. Mayer, since deceased, to recover damages for injuries alleged to have been sustained by her because of the negligence of The Texas and Pacific Railway Company in failing to keep its station grounds at Marshall, Texas, properly lighted when Mrs. Mayer was about to take passage upon one of its trains. Judgment upon verdict in the United States Circuit Court for the Eastern District of Texas, to which the case had been removed, was affirmed by the United States Circuit Court of Appeals for the Fifth Circuit. The casé is brought here because of the fact that…

2Cases cited3 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
  3. Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898

3Cited by16 opinions

  1. Irene Cox, Administratrix of the Estate of Randall S. Cox, Deceased, Libellant-Appellee v. Northwest Airlines, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1967
  2. Hamilton v. . R. R.Supreme Court of North Carolina · 1931
  3. Cole v. . R. R.Supreme Court of North Carolina · 1930
  4. Watts v. Colonial Stages Co.Court of Appeals of Georgia · 1932
  5. Buchner v. Erie Railroad Co.Supreme Court of New Jersey · 1955

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