Stewart v. H. & T. C. R'y Co.
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard hlaltbie. Stewart brought this suit against appellee to recover damages for an injury received while in the employment of the company as brakeman, claiming that he had lost his arm by reason of the negligent construction of a side track.
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Appeal from Grayson. Tried below before the Hon. Richard hlaltbie. Stewart brought this suit against appellee to recover damages for an injury received while in the employment of the company as brakeman, claiming that he had lost his arm by reason of the negligent construction of a side track. Appellee filed an amended answer setting up a written agreement signed by Stewart, dated September 16, 1882, wherein he acknowledged the receipt of $1,600 in full satisfaction of his claim for damages, and agreeing that the company might dismiss the suit. Randall & Randall and Wood & Wilkins intervened,…
1Opinion of the Court
Watts, J. Com. App.
Two questions are presented for consideration and determination by this record. The court sustained a demurrer to the plea of intervention, filed by Randall & Randall and Woods & Wilkins, in which they claim that they had been employed by appellant Stewart to prosecute this suit against appellee, and, as compensation for their professional services in that behalf, they were to have one-third of the amount recovered. That this agreement was well known to appellee, who, with the intent to defraud them, without their knowledge or consent, entered into and made the agreement…
2Cases cited2 opinions
- G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
- Bentinck v. FranklieTexas Supreme Court · 1873
3Cited by31 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Graham v. FrancoTexas Supreme Court · 1972
- Davis v. WebberSupreme Court of Arkansas · 1899
- State v. OakleyTexas Supreme Court · 2007
- Gulf, Colorado & Santa Fe Railway Co. v. MillerCourt of Appeals of Texas · 1899
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