Robinson v. H. & T. Central Railway Co.
Texas Supreme Court
Appeal from Hams. Tiled below before the Hon. James Masterson. February 15, 1873, Robinson sued the railway company for damages, for an injury to his foot, caused by the wheel of one of the cars of the defendant running over it, while ho was acting as brakeman, in employ of defendant, on a freight train. The defendant pleaded a general denial, and contributory negligence on the part of plaintiff.
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Appeal from Hams. Tiled below before the Hon. James Masterson. February 15, 1873, Robinson sued the railway company for damages, for an injury to his foot, caused by the wheel of one of the cars of the defendant running over it, while ho was acting as brakeman, in employ of defendant, on a freight train. The defendant pleaded a general denial, and contributory negligence on the part of plaintiff. On the trial, the plaintiff testified as follows; “At the time I got my foot hurt, I was in employ of the defendant as brakeman on freight train of defendant, running from Houston to Hearne. I have…
1Opinion of the Court
Moore, Associate Justice.
This suit was brought by appellant, to recover damages for an injury sustained by him while acting as brakeman on appellee’s train.
The charge of the court below is not in the record, and having been lost, cannot, it is said, be supplied. In the absence of anything to raise or justify a contrary inference, it must be presumed that the law applicable to the facts of the case was correctly given to the jury, and that their verdict was in accordance with the law as charged. It might, consequently, be well held, as appellee’s counsel ruges, that this presumption would…
2Cases cited7 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- International & Great Northern Railway Co. v. RyanTexas Supreme Court · 1891
- Pilkinton v. Gulf Colorado & Santa Fe Railway Co.Texas Supreme Court · 1888
- Galveston, Harrisburg & San Antonio Railway Co. v. SmithTexas Supreme Court · 1890
- Gulf, Colorado & Santa Fe Railway Co. v. BrentfordTexas Supreme Court · 1891
- Dallas v. G., Col. & S. F. R'y Co.Texas Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.