Texas & Pacific Railway Co. v. Cody

Citations

• 166 U.S. 606
• 17 S. Ct. 703
• 41 L. Ed. 1132
• 1897 U.S. LEXIS 2052

Syllabus

<p>The plaintiff in his • declaration described himself as a resident in Texas, and the defendant as a railway company created and existing under the laws of Texas. ‘The railway company was in fact a corporation organized under and by virtue of acts of Congress, and in a petition for the removal of the action from a state court of Texas to the Federal court, set that forth as a ground for removal, and the petition was granted, and the case was removed to the Circuit Court of the United States, and triedand decided there. Held, that the Circuit Court properly entertained jurisdiction.</p> <p>In'an action against a railroad company to recover damages for injuries received by a person travelling on a highway, by a collision ata crossing of •the railroad fey the highway at grade, an instruction to the jury that the obligations, rights and duties of railroads and travellers upon highways crossing-them are mutual and reciprocal, and that no greater care is -required of the one than of the other is substantially correct. Continental Improvement Co. v. Stead, 95 U. S. 161, followed.</p> <p>The instructions as to damages were not incorrect. If the company desired particular instructions, it should have asked for them.</p>