Texas & Pacific Railway Co. v. Moore
Court of Appeals of Texas
Appeal from Denton. Tried below before Hon. D. E. Barrett. 1. The court erred in refusing to give in charge to the jury the first instruction requested by defendant. [See the opinion.] Railway v. Culberson, 72 Texas, 375; Railway v. Lane, 79 Texas, 643; Stoneback v. Ron Co., 2 Cent.
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Appeal from Denton. Tried below before Hon. D. E. Barrett. 1. The court erred in refusing to give in charge to the jury the first instruction requested by defendant. [See the opinion.] Railway v. Culberson, 72 Texas, 375; Railway v. Lane, 79 Texas, 643; Stoneback v. Ron Co., 2 Cent. Rep., 604; Illick v. Railway, 35 N. W. Rep., 708. 2. The court erred in the first instruction of its charge given to the jury, in holding, that it was a rule of law applicable to the facts of this ease that defendant must so construct its bridges that the employes of other companies using the same should be…
1Opinion of the Court
HEAD, Associate Justice.
Appellee in this suit seeks to recover damages claimed to have resulted to her from the death of James L. Moore, alleged to have been caused by the negligence of appellant, on the 4th day of May, 1891.
At the time of his death Moore was in the employ of the receivers of the Missouri, Kansas & Texas Bailway Company as brakeman on a freight train running from Whitesboro to Fort Worth. In this train was a furniture car, which was higher than ordinary freight cars. This class of cars is manufactured for hauling that particular kind of freight, and had been in use over the…
2Cases cited12 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1888
- Texas & Pacific Railway Co. v. FrenchTexas Supreme Court · 1893
- Trinity & Sabine Railway Co. v. LaneTexas Supreme Court · 1891
- Pilkinton v. Gulf Colorado & Santa Fe Railway Co.Texas Supreme Court · 1888
- Missouri Pacific Railway Co. v. PlatzerTexas Supreme Court · 1889
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3Cited by3 opinions
- Lone Star Gas Co. v. HaireCourt of Appeals of Texas · 1931
- Pullman Co. v. CusterCourt of Appeals of Texas · 1911
- Smith v. Centennial Eureka Mining Co.Utah Supreme Court · 1904