St. Louis Southwestern Ry. Co. of Texas v. Pruitt
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by Marvin Pruitt against the St. Louis Southwestern Railway Company of Texas. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtWillson, C. J.
Appellee while in the discharge of his duties as a brakeman on one of appellant’s trains suffered injury to his person, as the result of a collision between that train and another one of appellant’s trains, due to negligence on its part. As damages he thereby became entitled to, he recovered the judgment for $8,000 from which this appeal is prosecuted.
At the time the collision occurred, appellee was sitting in the cupola of the caboose-forming a part of the train, with his back to a window in said cupola. The force of the collision was great enough to throw him against, and the upper part of…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1902
- Chicago, Rock Island & Texas Railway Co. v. LongCourt of Appeals of Texas · 1901
- St. Louis Southwestern Railway Co. v. BrownCourt of Appeals of Texas · 1902
- Chicago, Rock Island & Texas Railway Co. v. WilliamsCourt of Appeals of Texas · 1904
- Fort Worth & Denver City Railway Co. v. HyattCourt of Appeals of Texas · 1896
3Cited by2 opinions
- TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. McMullinCourt of Appeals of Texas · 1955
- Missouri, K. & T. Ry. Co. v. GilcreaseCourt of Appeals of Texas · 1916