Gulf, Colorado & Santa Fe Ralway Co. v. Moore

Citations

• 69 Tex. 157
• 6 S.W. 631
• 1887 Tex. LEXIS 797

Syllabus

<p>1. Railway Company — Principal and Agent. — A corporation is not liable for the malicious acts of its employe, unless by its subsequent conduct they are ratified by it with knowledge of the facts.</p> <p>8. Negligence. — Whether in a given case one seeking to recover damages for an injury caused by the negligence of another has been guilty himself of contributory negligence, must, as a general rule, be determined by the jury.</p> <p>8. Res Gest_h; — Declarations.—The declaration of a third party relative to the facts connected with an accident resulting in damage to plaintiff who sues to recover damages, when made ten minutes after the accident by the narrator, who was present with the plaintiff when the damage was inflicted, are not admissible as part of the res gestae. Neither can they be received as implied admissions by the plaintiff, who was present when they were made and did not contradict them, he being unconscious at the time.</p>