Texas & P. Ry. Co. v. Wilder
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. Joseph H. Wilder and his wife filed suit In the district court of Harrison county, Tex., against the Texas & Pacific Railway Co., for damages resulting from the killing of their son, Frank 6. Wilder. The son of the plaintiffs was in the employ of the defendant corporation as fireman on a switch engine.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Texas. Joseph H. Wilder and his wife filed suit In the district court of Harrison county, Tex., against the Texas & Pacific Railway Co., for damages resulting from the killing of their son, Frank 6. Wilder. The son of the plaintiffs was in the employ of the defendant corporation as fireman on a switch engine. The plaintiffs alleged that, while their son was standing upon the apron that covers the space between the engine and tender, where they are joined together, and while he was performing his work as fireman,…
1Opinion of the CourtPabi.axg K, District Judge
There is no merit in the second and third specifications of error, which are founded upon the false assumption that: the damages in the cause were restricted to the benefits which the plaintiffs might have derived from the services of their sou up to the time of his majority. We are clearly of opinion that the damages should not have been so restricted, and that in this cause it was proper for the trial judge to charge the jury that, in assessing the damages, they had a right to consider what reasonable expectations the plaintiffs liad of pecuniary benefits to be received by them from their…
2Cases cited13 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- Ex Parte FISKSupreme Court of the United States · 1885
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Gulf, Colorado & Santa Fe Railway Co. v. ComptonCourt of Appeals of Texas · 1890
- Houston City Street Railway Co. v. SciaccaTexas Supreme Court · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dahl v. North American Creameries, Inc.North Dakota Supreme Court · 1953
- Gilman v. G. W. Dart Hardware Co.Montana Supreme Court · 1910
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
- Zych v. American Car & Foundry Co.U.S. Circuit Court for the District of Eastern Missouri · 1904
- Texas & P. Ry. Co. v. WilderCourt of Appeals for the Fifth Circuit · 1900
2 more not listed; retrieve them via the Exa API.