Texas Railway Company v. Cody

This was an action commenced by Henry D. Cody against the Texas & Pacific Railway Company in the district court of Tarrant county, Tex., and removed by defendant to the circuit court of the United States for the Northern district of Texas.

Plaintiff alleged in his petition that on March 4, 1892, he was injured at the crossing of the track of the defendant company over Jennings avenue, in the city of Ft. Worth, Tex., by the carelessness and negligence of the defendant and its agents and servants. Defendant demurred generally, and pleaded the general issue, and, in special pleas, alleged the contributory negligence of plaintiff, and his failure to exercise due care under the circumstances. The issues were submitted to a jury, which found a verdict in favor of plaintiff for the sum of $7,500, on which judgment was rendered. The case was taken to the circuit court of appeals for the Fifth circuit, and the judgment affirmed (30 U.S. App. 183, 14 C. C. A. 310, and 67 Fed. 71), whereupon it was brought to this court by writ of error.

John F. Dillon, W. S. Pierce, and D. D. Duncan, for plaintiff in error.

E. B. Kruttschnitt, E. H. Farrar, B. F. Jonas, and Thomas F. West, for defendant in error.

Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.