Saint Louis, Arkansas & Texas Railway Co. v. Johnston
Texas Supreme Court
Appeal from Smith. Tried below before Hon. Felix J. McCord. This was a suit to recover damages for negligently causing the death of Arthur Johnston, instituted in the District Court of Smith County, Texas, on the 31st day of December, 1888, by appellee Mrs. Anna Johnston in her own right as surviving wife and for the use and benefit of James H. Johnston, Capi tola Wills, and Jennie Johnston, the surviving children of herself and the said Arthur Johnston, against appellant,…
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Appeal from Smith. Tried below before Hon. Felix J. McCord. This was a suit to recover damages for negligently causing the death of Arthur Johnston, instituted in the District Court of Smith County, Texas, on the 31st day of December, 1888, by appellee Mrs. Anna Johnston in her own right as surviving wife and for the use and benefit of James H. Johnston, Capi tola Wills, and Jennie Johnston, the surviving children of herself and the said Arthur Johnston, against appellant, the St. Louis, Arkansas & Texas Railway Company in Texas. Plaintiff alleged in her petition that she and those for whom…
1Opinion of the Court
GAINES, Associate Justice.
—Arthur Johnston, a locomotive engineer in the employment of the appellant company, was killed by the derailment of his engine at a street crossing in the city of Tyler. The accident occurred on the Kansas & Gulf Short Line Railroad, which road was being operated at the time of the accident by the appellant company. The appellee is the widow of the deceased, and brought this suit to recover of appellant damages for his death. The action was brought not only for the benefit of the plaintiff, but also for the benefit of James H. Johnston, Capitola Wills, and Jennie…
2Cases cited2 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McGowanTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. RedekerTexas Supreme Court · 1886
3Cited by65 opinions
- Sanchez v. SchindlerTexas Supreme Court · 1983
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Federal Underwriters Exchange v. CostTexas Supreme Court · 1938
- International & Great Northern Railroad v. MunnCourt of Appeals of Texas · 1907
- Fisher Construction Company v. RiggsCourt of Appeals of Texas · 1959
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