Hale v. Dutant

Citations

• 39 Tex. 667

Syllabus

<p>1. Defendant owned a ferry, and one of the ropes used in working it was stretched across part of the public highway; plaintiff upon the public highway fell over the rope and. was injured ; for that injury suit was • brought, and the defendant pleaded that he had leased out the ferry, and that it was worked by the lessee at the time of the injury; held to be a good defense to the action.</p> <p>2. The party injured is held to as high degree of care to - avoid accident as he through whose negligence damage is claimed to have accrued; the • whole and entire responsibility of the act from which damage is claimed to have resulted must be thrown upon the defendant in such damage suit to authorize a recovery.</p>