(DOWNLOAD) "Texas & New Orleans Ry. Co. v. Melba Hart Et Al" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Texas & New Orleans Ry. Co. v. Melba Hart Et Al
- Author : Court of Criminal Appeals of Texas
- Release Date : January 11, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Melba Hart and Mary Evelyn McCormick were injured when their car was struck by one of the defendant railway companys engines near La Porte, Texas. Suit was brought on their behalf. The jury found the railway was negligent in failing to have in operation blinker-light warning devices and in failing to provide adequate warning at the crossing. It found the driver of the car, Mary McCormick, was also negligent in failing to keep a proper lookout and in other respects. The jury answered issues of discovered peril against the railroad: that its fireman discovered and realized the perilous position of the girls in time, and negligently failed to exercise the means at hand to avoid the collision. Judgment was entered against the railway: $15,000 for Melba Hart and $5,000 for Mary McCormick. That judgment was affirmed by the Beaumont Court of Civil Appeals solely on the basis of the discovered peril issues, 350 S.W.2d 227. It required a remittitur which reduced the amount of the recovery to $5,000 for Melba Hart and $2,000 for Mary McCormick.