Galveston, Harrisburg & San Antonio Railway Co. v. Smith
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Val Verde County. Smith sued the railway company for damages on account of personal injury and recovered judgment. Defendant appealed and on affirmance obtained writ of error.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Val Verde County. Smith sued the railway company for damages on account of personal injury and recovered judgment. Defendant appealed and on affirmance obtained writ of error. Gavin, a witness for defendant, having testified that he got up on this particular engine while it was in the roundhouse at Sanderson on January 15, 1905, the same day of the accident while doing some work on the engine, and that he got up on the fireman’s side, and that he never noticed anything give to his weight, and that the handhold on…
1Opinion of the Court
GAINES, Chief Justice.
This suit was brought by the defendant in error against the plaintiff in error to recover damages for personal injuries alleged to have been caused by the negligence of the latter. The plaintiff was employed by the defendant as a fireman and while in the performance of his duties on an engine which was running at a rapid rate of speed was directed by the engineer to look out of the cab, to see if a following train was approaching. In order to perform this duty, the plaintiff took hold of a handhold and in-leaning out of the cab pressed his weight against it, when it gave…
2Cited by11 opinions
- V. Mueller & Co. v. CorleyCourt of Appeals of Texas · 1978
- St. Louis, San Francisco & Texas Railway Co. v. CasonCourt of Appeals of Texas · 1910
- La Grone v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1916
- St. Louis & Southwestern Railway Co. v. SchulerCourt of Appeals of Texas · 1907
- Sherwin-Williams Co. of Texas v. DelahoussayeCourt of Appeals of Texas · 1939
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