H. & T. C. Ry. Co. v. Carson

Citations

• 66 Tex. 345
• 1 S.W. 107
• 1886 Tex. LEXIS 519

Syllabus

<p>1. Contributory negligence—If a party, injured near a railroad crossing, by his horses becoming frightened at a passing engine, was guilty of negligence in not stopping his team when warned by a flagman, it did not contribute to his injury if the engineer, after discovering the danger, refused to use the means in his power to prevent the injury.</p> <p>2. Railroad crossings—Use—The first use of a street is for the ordinary travel over it; the right of a railroad to operate its trains across it is subordinate to the use of the general public.</p> <p>3. Negligence—Evidence—See opinion for evidence of negligence held sufficient to support a verdict for damages.</p>