# Port Terminal Railroad Association v. Ross

> Texas Supreme Court · March 21, 1956 · 155 Tex. 447

URL: https://www.frixlaw.com/law-library/cases/9766635

## Case

- **Full name:** Port Terminal Railroad Association v. Oliver Ross
- **Court:** Texas Supreme Court
- **Decided:** March 21, 1956
- **Citations:** 155 Tex. 447; 289 S.W.2d 220; 1956 Tex. LEXIS 601
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Walker, Smith
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9766635

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766635. Public record. Not legal advice.