Legal Opinion

Texas & Pacific Railway Co. v. Eberheart

Texas Supreme Court

Decided December 13, 1897No. 583PublishedCited by 20 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Tarrant County. Mrs. Eberhart sued the railway company for damages from the death of her husband, an employee, and obtained judgment, from which defendant appealed and upon affirmance obtained writ of error.

1Opinion of the Court

DENMAN, Associate Justice.

This suit was brought by Charlotte Thedens, now Eberhart, to recover damages for the death of her husband Martin Thedens, who was killed while in the service- of defendant, repairing a car on the repair track on the 24th day of February, 1888. She charges that defendant was guilty of negligence contributing to the death of Thedens in the following ¡Particulars: (1) in running a car onto the repair track and allowing same to collide with the one on which Thedens was working, without giving him notice thereof, and (2) in not adopting proper rules calculated to secure…

2Cases cited4 opinions

  1. Bonnet v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1895
  2. Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
  3. Missouri Pacific Railway Co. v. WilliamsCourt of Appeals of Texas · 1889
  4. International & Great Northern Railway Co. v. HallTexas Supreme Court · 1890

3Cited by20 opinions

  1. Texarkana & Ft. S. Ry. Co. v. CaseyCourt of Appeals of Texas · 1914
  2. San Antonio Traction Co. v. SettleTexas Supreme Court · 1911
  3. Denby Motor Truck Co. v. MearsCourt of Appeals of Texas · 1921
  4. Jackson v. Missouri, Kansas & Texas Railway Co.Court of Appeals of Texas · 1899
  5. Houston & Texas Central Railroad v. HanksCourt of Appeals of Texas · 1909

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