Legal Opinion

Bonner v. Wingate

Texas Supreme Court

Decided October 31, 1890No. 3122PublishedCited by 10 opinions

Appeal from Gregg. Tried below before Hon. Felix J. McCord. On the 36th of June, 1889, J. E. Wingate was employed by the International & Great Northern Bailroad, through T. B. Bonner and J. M. Eddy, its receivers, as locomotive fireman on one of defendants’ freight trains going west from Palestine at night. Near Milano Junction, on defendants’ road, said train ran into a culvert which had been washed away during the night, and said J. E. Wingate was killed in the wreck.

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Appeal from Gregg. Tried below before Hon. Felix J. McCord. On the 36th of June, 1889, J. E. Wingate was employed by the International & Great Northern Bailroad, through T. B. Bonner and J. M. Eddy, its receivers, as locomotive fireman on one of defendants’ freight trains going west from Palestine at night. Near Milano Junction, on defendants’ road, said train ran into a culvert which had been washed away during the night, and said J. E. Wingate was killed in the wreck. This suit was brought by Mrs. Serina Wingate, his mother, and Mrs. Laura A. Wingate, his wife, for herself and as next…

1Opinion of the Court

STAYTON, Chief Justice.

—Appellees, as mother, wife, and children of J. E. Wingate, deceased, brought this action to recover damages claimed to have been sustained by them from his death, which is alleged to have been caused by the negligent construction of a culvert on the railroad of which appellants are receivers.

The trial resulted in a judgment in favor of appellees for $10,000, which was apportioned.

That the accident occurred from a washout at the culvert is not denied, but it was claimed that the culvert was well constructed, and that the washout occurred on account of an unprecedented…

2Cited by10 opinions

  1. Gulf, Colorado & Santa Fe Ry. Co. v. BoyceCourt of Appeals of Texas · 1905
  2. International & Great Northern Railway Co. v. HinzieTexas Supreme Court · 1891
  3. Bonner and Eddy, Receivers v. MayfieldTexas Supreme Court · 1891
  4. Gulf, C. & S. F. Ry. Co. v. CulwellCourt of Appeals of Texas · 1919
  5. St. Louis Southwestern Ry. Co. v. CulbersonCourt of Appeals of Texas · 1923

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