Green v. Cross

• Court: Texas Supreme Court
• Writing for the Court: Gaines
• Citation: Green v. Cross, 15 S.W. 220, 79 Tex. 130 (Tex. 1890)
• Decision Date: 16 December 1890
• Parties: GREEN v. CROSS <I>et al.</I>

15 S.W. 220

GREEN v. CROSS et al.

Supreme Court of Texas.

December 16, 1890.

Appeal from district court, Marion county; JOHN L. SHEPPARD, Judge.

J. A. Armistead, for appellant. F. H. Prendergast, for appellees.

GAINES, J.

This was a suit for damages for personal injuries, brought by appellant against appellees as receivers of the Missouri, Kansas & Texas Railway Company. The conclusions of fact found by the court in respect to the cause of the injury are as follows: "(1) That the plaintiff was a section hand on the Missouri, Kansas & Texas Railway at the time alleged in plaintiff's petition, on the first section of what is known as the `East Line & [Red] River Railway' from Jefferson, Texas, seven miles west, and had been for several months; that the iron rails of said road over said section were considerably worn, and in many places mashed, so as to make the track uneven; that the defendant knew the condition of the track over said section; that on the day alleged in plaintiff's petition be was riding on a hand-car of defendant, going from where he had been at work, on said section, to the place where the section hands were carrying said hand-car when they quit the day's work; that whilst so riding on said hand-car with three others, his co-laborers, the said car was thrown from the track, caused from a defect in one of the rails of said road, and the plaintiff was thereby thrown against the end of a cross-tie, striking the plaintiff on the left leg, opposite the hip, which caused a severe wound," etc. As matter of law the court found that the plaintiff could not recover, "because his injuries were the result of his own negligence in not reporting the condition of the track to those whose duty it was to repair it, and...