Torts · MBE-tested
LINDSAY v. TEXAS & P. RY. CO.
133 F. 1021·United States Court of Appeals for the Fifth Circuit·1904
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
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Opinion
LINDSAY v. TEXAS & P. RY. CO.
(Circuit Court of Appeals, Fifth Circuit.
December 3, 1904.)
No. 1,330.
In Error to the Circuit Court of the United States for the Northern District of Texas.
S. P. Hardwicke and G. E. Miller, for plaintiff in error.
B. C. Bidwell, T. J. Freeman, and J. M. Wagstaff, for defendant in error.
Before PARDEE, McCORMICK, and SHELBY, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Under the evidence the negligence of the plaintiff in error was the proximate cause of his injury, and there is nothing to show that the railway company or its employes were in fault. The peremptory instruction in favor of the defendant below was required under the proved facts, and the judgment of the Circuit Court is affirmed.