Gulf, Colorado & Santa Fe Railway Co. v. Gasscamp

Citations

• 69 Tex. 545
• 7 S.W. 227
• 1888 Tex. LEXIS 893

Syllabus

<p>1. Negligence.——Before an act can. be deemed as negligent per se, it must either have been done in violation of a statutory duty, or must in its nature be so violative of common prudence, that, without doubt, no prudent man would have committed it.</p> <p>2. Contributory Negligence,—If one having no other way to reach the neighboring town where he transacts his business, than over a railway bridge where the county road crosses the railway track, is injured in attempting to cross such bridge, the fact that he had reason to believe the bridge was unsafe before attempting to cross it, it being used by the public at the time, does not furnish conclusive evidence of his contributory negligence. In such case the question of his negligence must be determined by the jury.</p> <p>8. Oases Reviewed.— DeWise v. Bailey, 131 Massachusetts, 164; and County Commissioners v. Burgess, 61 Maine, 29, reviewed.</p>