American Express Co. v. Chandler
Court of Appeals of Texas
Appeal from District Court, Hunt County; Wm. Pearson, Judge. Action by Emmett L. Chandler against the American Express Company and another. Judgment for plaintiff, and defendants appeal. In May, 1915, appellee, plaintiff below, was in the employ of appellant the Missouri, Kansas & Texas Railway Company of Texas as a telegraph • operator at Winnsboro.
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Appeal from District Court, Hunt County; Wm. Pearson, Judge. Action by Emmett L. Chandler against the American Express Company and another. Judgment for plaintiff, and defendants appeal. In May, 1915, appellee, plaintiff below, was in the employ of appellant the Missouri, Kansas & Texas Railway Company of Texas as a telegraph • operator at Winnsboro. He also sold tickets and handled .baggage for the railway company, and acted for it in transferring to and from its trains incoming and outgoing mail it was its duty to handle for the federal ‘ government at that place. Ap-pellee claimed that at…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] It is insisted that the trial court erred when he submitted the case to the jury^ on the theory that the man in charge of the car and its contents was the joint employe of appellants. The contention is that it appeared that when the man handled express matter he acted exclusively for the express company, and therefore as its employs alone, and that when he handled baggage or the United States mail he acted exclusively for the railway company, and therefore as its employs alone; and hence that, instead of the liability to appellee, if any there was,…
2Cases cited2 opinions
- Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
- Missouri, K. & T. Ry. Co. of Texas v. GrosecloseCourt of Appeals of Texas · 1911
3Cited by5 opinions
- Western Union Telegraph Co. v. BrownCourt of Appeals of Texas · 1927
- American Express Co. v. ChandlerTexas Commission of Appeals · 1921
- Moreman v. Armour & Co.Court of Appeals of Texas · 1933
- Worley Hospital, Inc. v. CaldwellCourt of Appeals of Texas · 1975
- Springman v. HeidbrinkCourt of Appeals of Texas · 1922