Opinion

Port Terminal Railroad Association v. Ross

  • 155 Tex. 447
  • 289 S.W.2d 220
  • 1956 Tex. LEXIS 601
Court
Texas Supreme Court
Filed
Mar 21, 1956
Status
Published
Author
Smith
On the bench
Walker, Smith
Cited by
35 cases
Authority
More cited than 10.6%

concluding that the defendant's negligence was a substantial factor because the injury "would not have been sustained" in the absence of the negligence

How later courts described this case

  • concluding that the defendant's negligence was a substantial factor because the injury "would not have been sustained" in the absence of the negligence

Written by the judges who cited it.

The opinion

Mr. Justice Smith,

Concurring.

I am in agreement with the holding in this case; however, I am not prepared to agree with the conclusion in regard to the case of Gulf C. & S. F. Ry. Co. v. Deen, Tex. Civ. App., 275 S.W. 2d 529 , that “we agree with the Court of Civil Appeals that the verdict of the jury and the undisputed evidence estab *461 lish that the railroad furnished one reasonably safe way to do the job and therefore was under no duty to furnish a second method of performing the work.” I, therefore, do not join in the conclusion reached as to the Been case. In all other respects, I agree with the majority opinion.

Opinion delivered March 21, 1956.

Mr. Justice Culver dissenting.

Rehearing overruled April 25, 1956.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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