Texas & Pacific Ry. Co. v. Behymer,
189 U.S. 468 (1903)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Texas & Pacific Ry. Co. v. Behymer, 189 U.S. 468 (1903)

Texas & Pacific Railway Company v. Behymer

No. 224

Argued March 20, April 6, 1903

Decided April 20, 1903

189 U.S. 468


In an action for personal injuries sustained by a brakeman by falling from a car, where the claim was based upon negligence in stopping the car suddenly with knowledge of his position and of the slippery condition of the roof of the car and also upon the projection of a nail in the roof of the car which increased the danger and contributed to his fall, held, there was no error in the court's declining to rule that the chance of such an accident was one of the risks assumed by the plaintiff, or that the question whether the defendant was liable depended on whether the freight train was handled in the usual and ordinary way. It was proper for the court to leave it to the jury to say whether the train was handled with due care.

The case is stated in the opinion of the court.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.