San Antonio & A. P. Ry. Co. v. Wells
Court of Appeals of Texas
Appeal from District Court, Lavaca County; M. Kennon, Judge. Action by W. P. Wells against the San Antonio & Aransas Pass Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMcMEANS, J.
W. P. Wells, the appellee, hereafter called the plaintiff, suffered a fracture of the patella, or kneecap, while in the employment of the appellant, hereafter called the defendant, and while in the discharge of his duties as a brakeman on one of defendant’s freight trains. He rested his right of recovery upon two grounds of negligence of the defendant, one of which was in permitting a hole to be in the ground in or near the track, into which plaintiff stepped while attempting to mount the caboose of the train upon which he was engaged, and which was in motion; and the other was the act of the…
2Cases cited3 opinions
- St. Louis Southwestern Railway Co. v. RickettsTexas Supreme Court · 1902
- Texas & Pacific Railway Co. v. RaneyTexas Supreme Court · 1894
- Gulf, Colorado & Santa Fe Railway Co. v. SheltonTexas Supreme Court · 1903
3Cited by9 opinions
- St. Louis Southwestern Ry. Co. of Texas v. TurnerCourt of Appeals of Texas · 1920
- Morales v. ClineCourt of Appeals of Texas · 1918
- Mannheim Ins. Co. v. Charles Clarke & Co.Court of Appeals of Texas · 1913
- Ratliff v. Fort Worth & R. G. Ry. Co.Court of Appeals of Texas · 1922
- Morris v. National Cash Register Co.Court of Appeals of Texas · 1931
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