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

Citations

• 69 Tex. 689
• 7 S.W. 93
• 1888 Tex. LEXIS 921

Syllabus

<p>1. Charge of Court. — A charge of court is not a charge on the weight of evidence unless it is fairly susceptible of a construction which would indicate to the jury that in the opinion of the court some contested issue had been proved, ór from which the opinion of the court on such issue might be inferred. See opinion of a charge held not to be upon the weight of evidence.</p> <p>2. Damages. — If damage results from the derailment of a railway train, caused by the spreading of a reasonably safe track by the passage of another train so immediately preceding the accident complained of, that the track man could not have notice of the defect in the track, the railway company is not liable. If, however, the defect causing the injury was in rotten and unsafe road ties, over which the track had spread by the passing of a train, and inj'ury was caused thereby through the derailment of another train following quickly thereafter, the fact that the laborers on the road had no time to discover the defect after the iirst train had passed, would afford no defense. The liability of the company would result from the act of negligence in permitting rotten ties to remain in the road bed.</p>