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TEXAS & PACIFIC RY. CO. V. GENTRY, 163 U. S. 353 (1896)

U.S. Supreme Court

Texas & Pacific Ry. Co. v. Gentry, 163 U.S. 353 (1896)

Texas & Pacific Railway Company v. Gentry

No. 258

Argued April 29, 1896

Decided May 18, 1896

163 U.S. 353


In this case, while there was in form a separate judgment, in favor of each of the persons for whose benefit the action was brought, the statute of Texas creates a single liability on the part of the defendant, and contemplates but one action for the sole and exclusive benefit of the surviving husband, wife, children and parents of the persons whose death was caused in any of the specified modes.

A decree or judgment by the circuit court of appeals affirming a decree or judgment of a circuit court without specifying the sum for which it is rendered is a final decree or judgment from which an appeal or writ of error will lie to this Court.

This case was one peculiarly for the jury, under appropriate instructions from the court as to the principles of law by which they were to be guided in reaching a conclusion as to the liability of the railroad company for the death of its employee, and the positions taken to the contrary have no merit.

The law presumes, in the entire absence of evidence, that a railroad employ, in crossing the track of the railroad on foot at night to go to his duty, looks and listens for coming trains before crossing.

It is only when facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.

The case is stated in the opinion.

Page 163 U. S. 354

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