Houston & Texas Central Railway Co. v. Dunham
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. The defendant in error was brakeman on one of the passenger trains of th& plaintiff in error, and while in the discharge of his duty was injured, by being thrown from the track with the sleeper.
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Error from Harris. Tried below before the Hon. James Masterson. The defendant in error was brakeman on one of the passenger trains of th& plaintiff in error, and while in the discharge of his duty was injured, by being thrown from the track with the sleeper. The evidence showed that his right hip joint was dislocated, his pelois bone on the same side broken, and other and serious injuries inflicted, quite unintelligible to the ordinary legal reader, from the formidable terms employed by the physician in describing them. He was injured for life; can never be entirely cured. He sued for damages…
1Opinion of the Court
Gould, Associate Justice.
This was a suit by a brakeman to recover damages for injuries received by the sleeping-car being thrown from the track, tlie alleged cause of the accident being the negligence of the railroad company in knowingly permitting its road-bed to remain out of repair and filled with rotten ties. In the original petition, there were also allegations of the negligence of"the fellow-servants of plaintiff, but this part of the petition was excepted to, and the exception sustained. The cause was tried on an amended petition, charging that the accident was caused by the defective…
2Cases cited6 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
- Walker v. BollingSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. ElliottCourt of Appeals of Texas · 1919
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1892
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
- International & G. N. R. R. v. KindredTexas Supreme Court · 1882
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
20 more not listed; retrieve them via the Exa API.