Galveston Wharf Co. v. Peterson
Decision Date | 20 February 1926 |
Docket Number | No. 4535.,4535. |
Citation | 11 F.2d 775 |
Parties | GALVESTON WHARF CO. v. PETERSON. |
Court | U.S. Court of Appeals — Fifth Circuit |
Ballinger Mills, of Galveston, Tex. (Terry, Cavin & Mills, of Galveston, Tex., on the brief), for plaintiff in error.
W. E. Price, of Galveston, Tex., for defendant in error.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
This was a suit to recover damages for personal injuries suffered by defendant in error. The accident occurred in the city of Galveston at about 10 o'clock p. m., at the end of Twenty-Fifth street. It is in evidence that said street terminates at the harbor opposite the Mallory Dock, and the intervening space is occupied by tracks owned by plaintiff in error, over which freight cars are frequently switched day and night. During the day the public passes freely over the tracks from the end of the street going to the dock.
Defendant in error is a seaman, and at the time of the accident was going to his vessel, which was in dry dock in the harbor, and he expected to find a launch at the Mallory Dock to take him to her. A watchman is employed during the day to warn people crossing the tracks at the end of Twenty-Fifth street, and there was some evidence tending to show that one was also employed at night, but he professed ignorance of the accident. In the course of his charge the judge said:
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