Houston & Texas Central Railway Co. v. Rutherford
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Navarro County. Cleveland Rutherford, by next friend, sued the railway company on account of personal injury and recovered judgment, which was affirmed on defendant's appeal. Appellant then obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
According to the facts found by the Court of Civil Appeals, defendant in error, a boy 15 years of age, while swinging from a ear in a moving freight train of plaintiff in error, was assaulted and struck by a brakeman upon the train. He recovered the judgment from which this writ of error is prosecuted for the injury thus inflicted. The principal question in the case is whether or not plaintiff in error is responsible for the act of its brakeman, and the decision of it depends upon the answer to the inquiry whether or not such act was within the scope of the…
2Cited by5 opinions
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