Texas & P. Ry. Co. v. Moore

• Decision Date: 23 June 1897
• Citation: 41 S.W. 499
• Court: Texas Court of Appeals
• Parties: TEXAS & P. RY. CO. v. MOORE.

41 S.W. 499

TEXAS & P. RY. CO. v. MOORE.

Court of Civil Appeals of Texas.

June 23, 1897.

Appeal from district court, Van Zandt county; Felix J. McCord, Judge.

Suit by Mrs. D. Moore against Texas & Pacific Railway Company for damages sustained by reason of defendant's failure to keep open depot. Judgment for plaintiff. Defendant appeals. Reversed.

M. H. Gossett, for appellant. C. C. Leverett, J. S. Spinks, and J. G. Kearby, for appellee.

KEY, J.

We overrule assignments of error presenting other questions, and reverse the judgment, and remand the cause because error was committed by the trial court in not giving special charges Nos. 3 and 8 asked by appellant, and instructing the jury, in effect, that if appellee would not have used the depot if it had been open, warmed, and lighted, and was not injured by it not being so, then she could not recover on account of appellant's failure to have it opened, warmed, and lighted. These instructions stated the law correctly, supplied an omission in the court's charge, and were applicable to the case.