The Texas Court Reporter Volume 1

The Texas Court Reporter Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...care in the discharge of such duty. This assignment is also without merit. VVhatever may be the rule in other jurisdictions, it is settled in this State that the degree of care which a. very prudent person would exercise is imposed in such cases. We do not therefore deem it necessary to enter into a discussion of the reasons which underlie the rule as laid down in our decisions or to make an extended citation of authorities. The Texas case cited, Railway v. Miller, 79 Texas, 82, does not announce a difl'erent rule, but distinctly holds that so long as the company is in a sense the bailcc of the passenger the duty exists. The rule is recognized in Railway v. Williams, 20 Texas Civil Appeals, 587. The fifth assignment of error, assailing the sixth paragraph of the main charge, ought not to be sustained, because it is therein left to the jury to say whether plaintifl"s presence upon the platform was negligence in view of the alleged failure to provide a seat. The fact that there was standing room in the coaches did not make it negligence per se for him to cross the platform in search of the seat which it was the duty of the company to provide. He testified that he had been standing in the aisle but his feet were being trampled by the crowding passengers. and it was a proper question for the jury whether a reasonably prudent person would have sought safer and more comfortable quarters. If he had continued to stand in the aisle with the right to presume that somewhere on the train the company had performed its duty and provided him a seat, and by so remaining had been trampled on and injured, the company might well have answered that he should have used some diligence in finding a seat. His search may have involved the necessity of...show more

Product details

  • Paperback | 902 pages
  • 189 x 246 x 45mm | 1,579g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904222
  • 9781236904225