Missouri, K. & T. Ry. Co. of Texas v. Ellison
Court of Appeals of Texas
Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Action by D. C. Ellison against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Action by D. C. Ellison against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment for plaintiff, defendant appeals. Appellee, the conductor, was on top and near the end of a box ear, for the purpose of directing the movements of a freight train which had been stopped or stalled on a heavy grade on the main line, and the locomotive was suddenly moved and gave the train a violent jerk, which threw appellee to the ground below, grievously injuring him. He brought the suit against the appellant company for damages…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] Appellant contends by its third assignment of error that the requested peremptory instruction should have been given, because the evidence conclusively „ shows that the settlement made between appellee and appellant on September 30, 1913, was fairly and honestly made, without any fraud or deceit. Considering the entire testimony, it is believed that this court may not hold that, as a matter of law, there are no circumstances of overreaching shown in effecting the settlement, and for that reason the trial court properly passed the question to the jury…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HuyettCourt of Appeals of Texas · 1908
- Missouri, K. & T. Ry Co. of Texas v. RenoCourt of Appeals of Texas · 1912
- French v. De MossCourt of Appeals of Texas · 1915
3Cited by2 opinions
- Cowan v. El Paso Electric Ry. Co.Texas Commission of Appeals · 1925
- El Paso Electric Ry. Co. v. CowanCourt of Appeals of Texas · 1923