Texas & N. O. R'y Co. v. Crowder
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This case was once before on appeal before the supreme court (61 Tex., 262). The same witness for plaintiff gave the same evidence (in substance) as on the former trial, and now, as then, there was nothing in the record to show that the wound from which the son died resulted from any negligence of the company, or, in fact, how he came to receive the injury. Ho one saw him at the time the wound was received.
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Appeal from Harris. Tried below before the Hon. James Masterson. This case was once before on appeal before the supreme court (61 Tex., 262). The same witness for plaintiff gave the same evidence (in substance) as on the former trial, and now, as then, there was nothing in the record to show that the wound from which the son died resulted from any negligence of the company, or, in fact, how he came to receive the injury. Ho one saw him at the time the wound was received. He was over seventeen years of age; was employed as brakeman, and had been employed on other railroads, and on this,…
1Opinion of the Court
Stayton, Associate Justice.
The petition alleges that the deceased, “ while using all the skill that a boy of his age and discretion could or would do, and whilst acting as bralceman, he, the said Cohn, had his left foot and leg caught between the ties and under a rail of said track at the place aforesaid, in such a manner that he could not withdraw it, and by reason of his being so caught and detained, he was then and there run over by defendant’s cars as aforesaid, and his left leg between his ankle and knee was broken.” It is further alleged that the deceased was injured while in the act of…
2Cases cited8 opinions
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Corcoran v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1882
- Hinckley v. Cape Cod RailroadMassachusetts Supreme Judicial Court · 1876
- Towery v. HendersonTexas Supreme Court · 1883
- Crafts v. City of BostonMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Mobil Chemical Company v. BellTexas Supreme Court · 1974
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- Texas & Pacific Railway Co. v. ShoemakerTexas Supreme Court · 1905
- Wichita Falls Traction Co. v. ElliottTexas Supreme Court · 1935
- Brown v. SullivanTexas Supreme Court · 1888
42 more not listed; retrieve them via the Exa API.