Texas & Pacific Railway Co. v. Poe

Sam Poe sued the Texas & Pacific Railway Company for damages. After hearing the evidence, the jury, in obedience to the peremptory instruction of the court, returned a verdict for the railway company, and judgment was rendered accordingly. The court of civil appeals at Eastland reversed and remanded the cause. 95 S. W. (2d) 505. A writ of error was granted.

We will refer to the plaintiff in error as the railway company, and to the defendant in error as Poe.

The sole question for decision is whether Poe,' who claims to have been injured while in the employment of the railway company, may settle…