Legal Opinion

Douglas v. Texas Mexican R'y Co.

Texas Supreme Court

Decided March 26, 1885No. Case No. 1667PublishedCited by 5 opinions

Appeal from Aransas. Tried below before the Hon. H. Clay Pleasants. Plaintiff Douglas, by trade a plumber, alleged that he was employed by defendant at its shops, in.

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Appeal from Aransas. Tried below before the Hon. H. Clay Pleasants. Plaintiff Douglas, by trade a plumber, alleged that he was employed by defendant at its shops, in. Corpus Christi, to work in the line of his trade, when there was work of that kind to be done; that on the 1st of December, 1881, he was ordered by William Sutcliffe, who was in the shops of defendant in the character of master mechanic or general superintendent, to assist in getting a locomotive (Ho. 24), then on the track in process of construction, into the round house. Sutcliffe was present, superintending and directing the…

1Opinion of the Court

Watts, J. Com. App.

This is a suit against a railway company by an employee to recover damages for an injury received while in the discharge of his duty.

By sustaining the sixth and eighth special exceptions to the petition, the court evidently was of the opinion that appellant, by the allegations in the petition, had shown that his injuries had resulted from the negligence of a fellow-servant, and also by an accident in the regular course of his employment, the risks of which he had assumed in accepting the employment and entering the service.

It is alleged that appellant was injured by the…

2Cases cited2 opinions

  1. Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
  2. Dallas v. G., Col. & S. F. R'y Co.Texas Supreme Court · 1884

3Cited by5 opinions

  1. Lantry-Sharpe Contracting Co. v. McCrackenTexas Supreme Court · 1912
  2. Ingersol v. McWillieCourt of Appeals of Texas · 1895
  3. Nix v. Texas Pacific Railway Co.Texas Supreme Court · 1891
  4. Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910
  5. Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910

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