Payne v. Wynne
Court of Appeals of Texas
Appeal from District Court, Smith County ; J. R. Warren, Judge. Suit by Carrie Wynne, administratrix, against John Barton Payne, Agent. Judgment for plaintiff, and defendant appeals. As temporary administratrix of the estate of R. F. • Wynne,, deceased, the appellee brought the suit to recover damages for the benefit of the minor sister of the deceased, as next of kin dependent upon him, for the alleged negligent death of R. P. Wynne.
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Appeal from District Court, Smith County ; J. R. Warren, Judge. Suit by Carrie Wynne, administratrix, against John Barton Payne, Agent. Judgment for plaintiff, and defendant appeals. As temporary administratrix of the estate of R. F. • Wynne,, deceased, the appellee brought the suit to recover damages for the benefit of the minor sister of the deceased, as next of kin dependent upon him, for the alleged negligent death of R. P. Wynne. R. E. Wynne, 35 years old, was killed April 24, 1919, while assisting in repairing engine No. 5C0 in the roundhouse of the railway company at Tyler, Tex. He was…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The appellant requested and the court refused to give a peremptory instruction to the jury to leturn a verdict for the defendant. The court instructed the jury, as a matter of law, that the character of service the de ceased was employed in at the time of his injury was interstate commerce. Error is predicated upon the ruling of the court, upon the ground that—
“there was no evidence that deceased, E. F. Wynne, at the time he received the injury that resulted in his death, was then employed in interstate commerce within the meaning of the Federal Employers’…
2Cases cited15 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Shanks v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1916
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
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3Cited by4 opinions
- Day v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1933
- Wynne v. PayneTexas Commission of Appeals · 1922
- St. Louis, S. F. & T. Ry. Co. v. MullinsCourt of Appeals of Texas · 1929
- Craig Eugene Taylor v. the State of Texas, Texas Court of Appeals, 6th District (Texarkana)2021