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Houston, Brazos Great N. Ry. v. Pollard

Court of Civil Appeals of Texas
Feb 20, 1902
66 S.W. 851 (Tex. Civ. App. 1902)

Opinion

Decided February 20, 1902.

Railway Company — Negligence — Liability.

Where a railway company tore up a street pavement at the point of intersection with its road and left stones lying at the place dangerous to passers and with no signal light to show their presence as required by the city ordinance, it was guilty of such negligence as rendered it liable for injury thereby occasioned to one passing there on a bicycle.

Appeal from Harris. Tried below before Hon. Wm. H. Wilson.

J.H. Davenport, for appellant.

S.B. Ehrenswerth and J.V. Meek, for appellee.


On March 8, 1900, at night, while traveling down Congress street in the city of Houston on a bicycle, the appellee ran into some stones at the intersection of Congress and Emanuel streets, and fell and was hurt. He sustained damages from the injuries received to the amount of the verdict and judgment. It is contended on appeal that there was no evidence to show that the appellant was in any way connected with the presence of the stones in the street. Without setting out the evidence, we think it sufficiently appears therefrom that the appellant was at work on its line of railway at the intersection of the streets mentioned and had torn up the pavement and left the stones lying at the place, and that they were dangerous to persons passing along the street. There was no signal light to show the presence of the stones, as was required by an ordinance of the city, and the appellant was negligent in failing to have out the required signal of danger. The judgment will be affirmed.

Affirmed.


Summaries of

Houston, Brazos Great N. Ry. v. Pollard

Court of Civil Appeals of Texas
Feb 20, 1902
66 S.W. 851 (Tex. Civ. App. 1902)
Case details for

Houston, Brazos Great N. Ry. v. Pollard

Case Details

Full title:HOUSTON, BRAZOS GREAT NORTHERN RAILWAY COMPANY v. HAL. G. POLLARD

Court:Court of Civil Appeals of Texas

Date published: Feb 20, 1902

Citations

66 S.W. 851 (Tex. Civ. App. 1902)
28 Tex. Civ. App. 172

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