Kansas City, M. & O. Ry. Co. of Texas v. Hall
Court of Appeals of Texas
Appeal from District Court, Nolan County; Jos. L. Shepherd, Judge. Action by John Hall against the Kansas City, Mexico & Orient Railway Company of Texas. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Nolan County; Jos. L. Shepherd, Judge. Action by John Hall against the Kansas City, Mexico & Orient Railway Company of Texas. Judgment for plaintiff, and defendant appeals. The instructions covered by the eleventh and twelfth assignments of error mentioned in the opinion were as follows: “An employe of a railroad cotapany is held in law to assume such risks as are ordinarily incident to the service he engages to perform and such other as he knows of, or must necessarily know of in the ordinary discharge of the duties of his service; but risks arising from…
1Opinion of the CourtDunklin, J.
On the 13th of April, 1909,. A. J. Hall, while in the employment of the-Kansas City, Mexico &. Orient Railway Com-pány of Texas as brakeman on a freight train, sustained personal injuries in the town, of Benjamin, Tex. He instituted this suit against the company for damages resulting from his injuries, and from a judgment in his favor the defendant has appealed.
The accident resulting in the injuries occurred in the following manner: Defendant had erected a coal chute near its main, line of railway the approach to which was. an elevated spur track on an inclined plane-supported by a trestle. A…
2Cases cited2 opinions
- Parks v. San Antonio Traction Co.Texas Supreme Court · 1906
- Kansas City, M. & O. Ry. Co. v. BarnhartCourt of Appeals of Texas · 1912
3Cited by6 opinions
- Dallas Ry. & Terminal Co. v. DardenTexas Commission of Appeals · 1931
- Ft. Worth & D. C. Ry. Co. v. YantisCourt of Appeals of Texas · 1916
- Alamo Nat. Bank of San Antonio v. HazlittCourt of Appeals of Texas · 1936
- Golden v. WilderCourt of Appeals of Texas · 1928
- Galveston Electric Co. v. MarangolaCourt of Appeals of Texas · 1925
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