T. & P. R'y Co. v. Chapman

Citations

• 57 Tex. 75
• 1882 Tex. LEXIS 98

Syllabus

<p>1. Negligence.— In a suit for damages resulting from the alleged negligence of 3 railway employees in running over a traveler at a road crossing, it is not error, on a proper state of facts, to submit to the jury the question whether the employees of the company, in the exercise of proper watchfulness and caution in approaching the crossing, should not have discovered the plaintiff on the track, or in danger, in time to have stopped the train.</p> <p>2. Charge op court — Trial by jury.— A person approaching a railway track at a road crossing is bound to use such precautions as a prudent man would resort to under like circumstances; but any attempt by the court to prescribe thé precise thing he should do in exercising such caution, would be an invasion of the province of the jury, by charging on the weight of evidence.</p> <p>3. Negligence.— If horses driven along a public highway become unmanageable from fright, and thus rushing to a road crossing are killed by a passing train, if their fright and unmanageable state were occasioned by the near approach of the train, and that near approach was caused by a failure to give the signals of approach prescribed by statute, the company would be liable in damages, there being no contributory negligence on the part of the driver.</p> <p>4. Damages—Negligence.— A party driving along a public road, whose horses became unmanageable from fright on the near approach of a railway train, was thrown violently by the locomotive from the railway track, whereby injury resulted. In a suit for damages, held,</p> <p>(1) If the plaintiff’s failure to discover the approaching train in time to avoid the danger, and his want of preparedness to avoid the danger when discovered, were not caused or induced by the failure of the railway employees to give the required signals, but were caused by plaintiff’s own want of proper care, then the railway company was not responsible, unless its employees were remiss in not endeavoring to stop the train