G., C. & S. F. R'y Co. v. Dorsey
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. M. D. Priest, special judge. This was an action to recover damages for personal injuries, the damages being placed at $20,000. The suit was originally brought against the-G-ulf, Colorado and Santa Fe Bailway Company, but by an amended petition the Galveston, Harrisburg and San Antonio Bailway Company was made a co-defendant.
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Appeal from Tarrant. Tried below before the Hon. M. D. Priest, special judge. This was an action to recover damages for personal injuries, the damages being placed at $20,000. The suit was originally brought against the-G-ulf, Colorado and Santa Fe Bailway Company, but by an amended petition the Galveston, Harrisburg and San Antonio Bailway Company was made a co-defendant. The petition alleged that on November-29, 1882, plaintiff was employed by the defendants as night switch-man in a certain railroad yard at Bosenberg Juntion, in this, state; that it was the special duty of plaintiff to…
1Opinion of the Court
Robertson, Associate Justice.
The plaintiff, when injured, was in the employment and pay of appellant. He was coupling cars of the other defendant on a part of the yard originally belonging to that defendant, but he was doing what the appellant employed him to do. He was the appellant’s servant, though he may have been also the servant of the other defendant. In Railway Company v. McClanahan, reported in Tex. Law Rev., vol. 3, p. 324, McClanahan, in loading a train belonging to another company, was injured by a defect in the cars, but his master was held liable. In that case the train was on…
2Cases cited1 opinion
- Vary v. B., C. R. & M. R. Co.Supreme Court of Iowa · 1875
3Cited by38 opinions
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Houston Belt & Terminal Ry. Co. v. O'LearyCourt of Appeals of Texas · 1911
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
- Gulf, Colorado & Santa Fe Railway Co. v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1892
- Atlantic Coast Line Railroad v. Tredway's AdministratrixSupreme Court of Virginia · 1917
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