Missouri Pacific R'y Co. v. Weisen

Citations

• 65 Tex. 443
• 1886 Tex. LEXIS 688

Syllabus

<p>1. Railroads—Collision—Trespasser on track—Negligence—Proximate cause— Although a person injured whilst walking upon the track of a railway company, by collision with a passing train of cars, may, at the time, have been wrongfully on the track, or, being rightly there, may have negligently remained upon it 1 until too late to avoid the collision, nevertheless, if the company’s servants managing the train discovered the danger to which such person’s wrong or negligence was exposing him, in time to prevent the accident or at least to greatly lessen the injury, by the exercise of ordinary care and diligence on their part, but negligently failed to do so, the company is liable in damages. The negligence of the company in failing to stop or sufficiently slacken the train when the danger was discovered, and not the trespass or the negligence of the injured person, was the proximate cause of the injury. (Citing 1 Thomp. on Neg. 448, and S. & R. on Neg., sec. 25.)</p>