Houston, E. & W. T. Ry. Co. v. Samford
Court of Appeals of Texas
Appeal from District Court, Shelby County; W. C. Buford, Judge. Action by W. O. Samford against the Houston, East & West Texas Bailway Company. Judgment for plaintiff, and defendant appeals. Appellee, a section hand, was injured while in the performance of his duties on a hand car, by reason of the hand car’s colliding with the rear of a passenger train on the main line.
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Appeal from District Court, Shelby County; W. C. Buford, Judge. Action by W. O. Samford against the Houston, East & West Texas Bailway Company. Judgment for plaintiff, and defendant appeals. Appellee, a section hand, was injured while in the performance of his duties on a hand car, by reason of the hand car’s colliding with the rear of a passenger train on the main line. He sues for damages, alleging that appellant was negligent: (1) In permitting the brake on the hand car to be out of repair, defective, and inefficient; and (2), through its foreman and other members of the crew, in causing…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The following were questions as submitted to and answered by the jury:
“Question 1, Was the foreman of the crew in question, or the members thereof, besides, the plaintiff, guilty of negligence in causing or permitting the hand car to run in such proximity as it did to the passenger train as the same proceeded eastward from the station at Timpson?” Answer of the jury: “Yes.”
“Question 2. In the event you should answer the first question in the affirmative, then was such negligence, if any, a proximate cause of plaintiff’s injury?” Answer of the jury: “Yes.”
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2Cases cited3 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Freeman v. ShawCourt of Appeals of Texas · 1910
- San Antonio & Aransas Pass Railway Co. v. StevensCourt of Appeals of Texas · 1904
3Cited by3 opinions
- State Ex Rel. Chicago & Alton Railroad v. AllenSupreme Court of Missouri · 1921
- Austin St. Ry. Co. v. CalhounCourt of Appeals of Texas · 1922
- Wagner v. Chicago & Alton RailroadMissouri Court of Appeals · 1921