I. & G. N. R'y Co. v. Graves

Citations

• 59 Tex. 330
• 2 Tex. L. R. 12
• 1883 Tex. LEXIS 167

Syllabus

<p>1. Contributory negligence. — A person attempting to cross a railway track, whether at a road crossing or elsewhere, must use due care himself to avoid clanger; if he does not do so, and his own negligence is the proximate cause of injury inflicted by a passing train, he cannot recover, although the railway company may not have given the signals which the law requires to indicate the approach of a train. In such case he contributes to his own injury, and it is not the result of the omission of the act required by law.</p> <p>2. Same.— He is, however, justified in expecting that such company, in approaching a crossing with its train, will give proper signals to indicate its presence, and if, relying on this, he attempts to cross the track without knowledge or means of knowledge of the train’s approach, and is injured by the train by reason of the failure to give proper signals of approach required by law, he is entitled to recover.</p> <p>3. Charge op court.— A charge of court instructing the jury that it was the duty of a railway company to reduce the speed of the engine when crossing any of the streets of a city, was error in the absence of legislation regulating that matter. In a given ease a failure to reduce speed might, as a matter of fact, be negligence, but this must be ascertained and determined by the jury.</p>