Hughes v. Galveston, Harrisburg & San Antonio Railway Co.

Citations

• 67 Tex. 595
• 4 S.W. 219
• 1887 Tex. LEXIS 924

Syllabus

<p>1. Assignments of Error.—An assignment of error, though contained in the record, if not contained in the brief of counsel, will, under rule 29, be considered as waived.</p> <p>3. Practice—Evidence.—The putting of an improper question to a witness can afford no ground for the reversal of a judgment, when, from the nature of the answer, it is manifest that it did not affect injuriously the rights of the party complaining.</p> <p>3. Assignments of Error .—Neither under the statute nor roles of court can - an assignment of error to the effect that “the court erred in giving the special charges asked,” etc., be considered on appeal. The specific error should be set forth in the assignment.</p> <p>4. Negligence.—A high degree of care is necessary on the part of a railway company in operating its trains or locomotives on any part of its road, but especially in the streets of a town or city, whether running through the densely peopled portion or its suburbs.</p> <p>5. Same.—But if, while operating such train or locomotive, a man who is fully capable, mentally and physielly, to know and avoid danger, enters upon and remains in the road track in front of a moving train until he is injured by it, when he might both see and hear its approach, then the contributory negligence of such person will defeat his recovery in a suit for damages.</p>