Houston & Texas Railway Co. v. Oram
Texas Supreme Court
Error from Bastrop. Tried below before the Hon. J. P, Richardson. June 26, 1872, appellee, who was a brakeman and baggage-master on the Houston and Texas Central Railway Company, while attending to Ms duties as brakeman, and ascending a side ladder on a car, was knocked off by the projecting frame-work of a water-tank belonging to the company.
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Error from Bastrop. Tried below before the Hon. J. P, Richardson. June 26, 1872, appellee, who was a brakeman and baggage-master on the Houston and Texas Central Railway Company, while attending to Ms duties as brakeman, and ascending a side ladder on a car, was knocked off by the projecting frame-work of a water-tank belonging to the company. The tank was closer than usual to the -road; the frame-work not far enough from the side of the car to allow a man to ascend the car with safety. It was Oram’s duty to be at the brake at the stopping-places, and not to await the signals. He was going to…
1Opinion of the Court
Gould, Associate Justice.
The question of jurisdiction decided in Bartee v. Houston and Texas Railroad Company, 36 Tex., 648, and so elaborately discussed in the briefs of coun*345sel for plaintiff in error, is not one which is properly before us in this case. There was a plea to the jurisdiction, but ■ the record shows no action of the court on that* plea; nor does it show that, by charges asked or otherwise, save in a motion I for new trial, any action thereon, of either court or jury, was invoked. In this state of the record, it must be presumed that the' plea was waived. The charge of the…
2Cases cited1 opinion
- Bartee v. Houston & Texas Central Railway Co.Texas Supreme Court · 1872
3Cited by32 opinions
- Southern Cotton Press & Manufacturing Co. v. BradleyTexas Supreme Court · 1880
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Baltimore & Ohio & Chicago Railroad v. RowanIndiana Supreme Court · 1885
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
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