The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 87

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 87

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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. 1895 edition. Excerpt: ...of care prescribed by law for the government of railroad companies towards their passengers. Shearm. & Redf. on Neg., sec. 51; Railway v. Gorbett, 49 Texas, 573. The same rule does not apply to passengers and persons lawfully crossing or going upon a railroad track. The passenger under a contract has committed himself to the safe-keeping of the carrier, having no part in the management of the means of conveyance, while one approaching a crossing or walking lawfully upon a track is a stranger to the railroad company in a contractual sense, exercising a right, equal to that of the railroad, to use the track at that point; he is in no sense in the care of the railroad company, but is charged with the duty of caring for his own safety. The rights and duties of the railroad company and such person are mutual, it being the duty of each to exercise that degree of care that a man of ordinary prudence would use under the same circumstances. 4 Am. and Eng. Encyc. of Law, p. 910, sec. 7; Patterson Ry. Ace. Law, secs. 157, 158; Imp. Co. v. Stead, 95 U. S., 462; Railway v. State, 29 Md., 261; Railway v. Hudelson, 13 Ind., 329; Railway v. Moore, 59 Texas, 67; Railway v. Hodges, 76 Texas, 90; Cotton Press Co. v. Bradley, 52 Texas, 599. Ordinary care will require the exercise of a very great degree of vigilance under some circumstances, and the amount of vigilance and caution to be used will vary according to the situation of the parties and the surrounding circumstances. Weber v. Railway, supra; Railway v. Breinig, 25 Md., 388. But the standard by which the acts are to be judged does not change. It remains the same. To illustrate the meaning and application of the rule, let us suppose that a man driving a team of horses approaches a more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236758021
  • 9781236758026