W. C. Ford, Sr. v. Panhandle & Santa Fe Railway Company

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the doctrine of discovered peril applies without proof of primary negligence and that the plaintiff presented sufficient evidence to submit the issue to a jury; the case was remanded for retrial. Justice Sharp, dissenting, argued that the doctrine was misapplied and that the plaintiff’s own negligence barred recovery.