East Line & Red River R'y Co. v. Smith
Texas Supreme Court
Appeal from Camp. Tried below before the Hon. B. F. Estes.' This suit was instituted by D. P. Smith, as administrator of L. H. Tetro, deceased, to recover of the East Line and Red River R’y Co. damages, both actual and exemplary, for the wrongful death of Tetro, which it is alleged was brought about by the negligence of the defendant company as follows: That Tetro was on August 7, 1882, a passenger on one of its trains, and on that day, at Scroggin’s switch, in Wood county,…
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Appeal from Camp. Tried below before the Hon. B. F. Estes.' This suit was instituted by D. P. Smith, as administrator of L. H. Tetro, deceased, to recover of the East Line and Red River R’y Co. damages, both actual and exemplary, for the wrongful death of Tetro, which it is alleged was brought about by the negligence of the defendant company as follows: That Tetro was on August 7, 1882, a passenger on one of its trains, and on that day, at Scroggin’s switch, in Wood county, Texas, the train was wrecked and Tetro killed; that the wreck was caused, first, by defendant company’s agents…
1Opinion of the Court
Stayton, Associate Justice.
The petition alleged many acts of negligence of the railroad company to fix its liability for the injury -which resulted from the death of Louis N. Tetro. .The averments in regard to the defects in and unsuitableness of the cars called “ broad-gauge cars,”, the use of which in the train was alleged to be negligence, were very full. There was evidence tending to sustain the averments in reference to the negligent use of these cars, and it shows that one of them was the first derailed, and that thereby the track was broken and the two following cars thrown therefrom.…
2Cited by21 opinions
- Broughton v. Humble Oil & Refining Co.Court of Appeals of Texas · 1937
- Missouri, K. & T. Ry. Co. v. WestSupreme Court of Oklahoma · 1913
- Missouri Pacific Railway Co. v. HenryCourt of Appeals of Texas · 1889
- Raywood Rice, Canal & Milling Co. v. ErpTexas Supreme Court · 1912
- West v. CashinCourt of Appeals of Texas · 1935
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