Texas Supreme Court

The Texas & Pacific Railway Company v. James Murphy

July 1, 187646 Tex. 356

Summary

The Texas & Pacific Railway Co. was held liable for pre‑consolidation negligence, the petition need not expressly deny contributory negligence, and the trial court’s charge that the conductor’s simultaneous signal and departure constituted negligence as a matter of law violated the statutory mandate separating questions of law and fact, so the judgment was reversed and remanded.