Gulf, Colorado & Santa Fe Railway Co. v. Redeker
Texas Supreme Court
Appeal from Tarrant. Tried below before M. D. Priest, Esq., Special Judge. In addition to the facts stated in the opinion, it should be added that it appeared in evidence that the appellee at the time he received the injuries, was working on a moonlight night with a heavy fog prevailing, on a portion of the road bed he had never seen. He had been at work for the corporation continuously for eighteen hours before the injury.
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Appeal from Tarrant. Tried below before M. D. Priest, Esq., Special Judge. In addition to the facts stated in the opinion, it should be added that it appeared in evidence that the appellee at the time he received the injuries, was working on a moonlight night with a heavy fog prevailing, on a portion of the road bed he had never seen. He had been at work for the corporation continuously for eighteen hours before the injury. The following portions of the evidence of appellee, do not appear from the transcript to have been contradicted: “I was ordered by Mr. Sol. Bills, who had employed me (and…
1Opinion of the Court
Gaines, Associate Justice.
This was an action of damages for personal injuries, brought by appellee, a minor, by his next friend, against appellant. Appellee was employed as a brakeman on a construction train of appellant, and received the injury while coupling cars at night. The evidence shows that the accident was caused by a defective pilot to the engine and a defective track on the siding where the coupling was attempted to be made. The track was not filled in between the cross ties, and by reason of this, appellee in stepping upon it fell and his leg was caught by the pilot and crushed.
The…
2Cases cited2 opinions
- Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
- Dallas & Wichita R'y Co. v. SpickerTexas Supreme Court · 1884
3Cited by16 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
- Saint Louis, Arkansas & Texas Railway Co. v. JohnstonTexas Supreme Court · 1890
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- St. Louis & San Francisco Railway Co. v. McClainTexas Supreme Court · 1891
- Austin Electric Railway Co. v. FaustCourt of Appeals of Texas · 1910
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