H. & T. C. R'y Co. v. Sympkins

Citations

• 54 Tex. 615
• 1881 Tex. LEXIS 71

Syllabus

<p>1. Negligence — Railway company.—If one who enters upon the track of a railway when no train is in sight, should, from providential cause, become insensible while there, and in that condition be run over and injured by a train while lying in open view, the company would be liable in damages on account of that negligence on the part of its agents in not discovering the helpless man, which was the proximate cause of the injury.</p> <p>2. Negligence.— The doctrine that a railway company owes no duty to one unlawfully on its track, and is not liable in damages for injury to such an one unless wantonly inflicted, discussed and disapproved.</p> <p>3. Railway company.— A reasonable look-out, varying according to the danger and all the surrounding circumstances, is a duty always devolving on those in charge of a railway train in motion.</p> <p>4 Railway company.— Railway companies are bound to exercise their dangerous business with due care, to avoid injury to others, and when they fail to do so, they are liable in damages for injury resulting evento a trespasser who has not been guilty of contributory negligence.</p> <p>5. Railway company—Drunkenness.— One who, while helpless from drunkenness, is run over and injured by a passing railway train, is guilty of contributory negligence, which constitutes a bar to his action for damages, unless his injuries were wantonly or willfully inflicted.</p> <p>6. Negligence—Contributory negligence.—If the proximate cause of injury to one run over and maimed by a railway train is the negligence of the engineer in charge, and the party injured is prevented by a providential dispensation from the use of his faculties at the time of the injury, the fact that prior to the time of the injury, when no train was in view, and before being providentially disabled, the injured party placed himself wrongfully on the track of the road, would not constitute such contributory negligence as would prevent a recovery.</p>