H. & T. C. R. R. Co. v. Myers
Texas Supreme Court
Error from. Harris. Tried below before the Hon. James Masterson. Joe Allen Myers, by his sister and next friend, Lou R. Myers, filed this suit against the Houston & Texas Central Railway Company, on the 1st day of June, 1874, to recover of that company damages sustained by him, because of personal injuries received on the 17th day of September, 1873, while in the employment of said company as a brakeman.
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Error from. Harris. Tried below before the Hon. James Masterson. Joe Allen Myers, by his sister and next friend, Lou R. Myers, filed this suit against the Houston & Texas Central Railway Company, on the 1st day of June, 1874, to recover of that company damages sustained by him, because of personal injuries received on the 17th day of September, 1873, while in the employment of said company as a brakeman. The petition charged that he was hurt while endeavoring to couple a train, and that he was so hurt because the said company had failed to furnish suitable links to make couplings, and because…
1Opinion of the Court
Watts, J. Com. App.
By the pleadings the appellee sought a recovery upon the two grounds:
1st. That the injury was caused by the gross neglect *114and incompetency of his fellow servants, and that the company knew of their said incompetency before the injury, and did not discharge them, etc.
2d. That the injury was the direct cause of a defective coupling link that the company had furnished for use on its train, and that the company knew of the defect at and before the injury, but the defect was not known to him at the time.
As to the first branch of the case thus made, the principles of law…
2Cases cited2 opinions
- Merriweather v. KennardTexas Supreme Court · 1874
- Price v. Houston Direct Navigation Co.Texas Supreme Court · 1877
3Cited by14 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Parrish v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1891
- Core v. Ohio River R'dWest Virginia Supreme Court · 1893
- Texas & Pacific Railway Co. v. JohnsonTexas Supreme Court · 1896
- Texas & New Orleans Railway Co. v. ConwayCourt of Appeals of Texas · 1906
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