Texas & Pac. Ry. Co. v. Fletcher

• Decision Date: 14 March 1894
• Parties: TEXAS & PAC. RY. CO. v. FLETCHER.
• Court: Texas Court of Appeals

26 S.W. 446

TEXAS & PAC. RY. CO. v. FLETCHER.

Court of Civil Appeals of Texas.

March 14, 1894.

Appeal from district court, Marion county; John L. Sheppard, Judge.

Action by Minnie Lee Fletcher against the Texas & Pacific Railway Company. Judgment for plaintiff. Defendant appeals. Affirmed.

This is an action for damages on account of personal injuries, prosecuted by W. S. Fletcher, the father and next friend of Minnie Lee Fletcher, a minor, and for her benefit. The facts of the case are as follows: Minnie Lee Fletcher, at the time she received the injuries complained of, was a little girl, seven years of age. In February, 1891, her mother started to visit a friend, and carried with her her three children, aged, respectively, 18 months, 4 years, and 7 years, and also carried a negro woman to assist her with the children. The defendant's line of railroad was constructed across a stream situated between the residence of Minnie Lee's father and that of the friend whom the mother was going to visit. A trestle about 75 feet long, 12 feet high at the north end, and sloping down to 2½ feet at the south end, spanned the stream, and constituted defendant's main track. Her parents lived south of the trestle, and the friend her mother was going to visit lived north of the trestle. When the water was up, there was no other way near at hand, of foot travelers crossing this stream, except by going over on the trestle, and it was frequently used by the public for that purpose. On coming to the trestle, Mrs Fletcher stopped, listened, loked up and down the track for trains; and, neither seeing or hearing any train, she took the youngest child in her arms, the next youngest by the hand, and, delivering Minnie Lee into the care of the negro woman, they went upon the trestle, to cross the stream. The railroad was practically straight at this point, and one could see up and down the track for about half a mile. They proceeded to walk the trestle; the mother carrying one child in her arms, and leading another, while the negro woman had Minnie Lee by the hand. The mother reached the end of the trestle, and got off. Just about that time a freight train from the south ran upon the negro woman and Minnie Lee, who were about 15 feet behind Mrs. Fletcher, and knocked them both off the trestle, inflicting injuries upon Minnie Lee. No warning was given of the approach of the train, and the operatives could see the persons on the track for nearly a half mile. There was a conflict of evidence on this last point stated, but, in support of the judgment, we have accepted plaintiff's evidence as being true. The train was brought to a stop about 100 feet beyond the point where Minnie Lee was struck. A notice was placed up near the trestle, "Keep Off the Trestle." The company's servants were guilty of negligence in not stopping the train before it struck Minnie Lee.

W. T. Armistead, for appellant. Schluter & Ford and J. H....