Dallas Railway & Terminal Co. v. Farnsworth

227 S.W.2d 1017 (1950)

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Dallas Railway & Terminal Co. v. Farnsworth

Texas Supreme Court
227 S.W.2d 1017 (1950)

SC

Facts

Letta Farnsworth (plaintiff) was injured when getting off a streetcar owned by Dallas Railway & Terminal Company (Dallas Railway) (defendant). Farnsworth sued Dallas Railway for negligence, asserting that the conductor started moving the streetcar again before Farnsworth had a chance to move clear. At trial, Farnsworth testified that when she got on the streetcar, the conductor started moving the car again before she could be seated. Farnsworth also testified that at two other stops on the same route, passengers “scarcely got off” the car before the conductor started moving again. The events from Farnsworth’s testimony occurred on the same route and within seven to 10 minutes of her injury. The trial court found in Farnsworth’s favor. The Texas Court of Civil Appeals affirmed. Dallas Railway appealed, arguing that Farnsworth’s testimony was inadmissible

Rule of Law

Issue

Holding and Reasoning (Smedley, J.)

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