Legal Opinion

Texas & Pacific Railway Co. v. Matkin

Texas Supreme Court

Decided April 7, 1915No. 2383PublishedCited by 8 opinions

Error to the Court of Civil Appeals, Fifth District, in an appeal from Wood County. Matkin sued the railway company and had judgment, which was affirmed on defendant’s appeal. Appellee thereupon obtained writ of error.

1Opinion of the CourtJustice Phillips

The suit was brought against the railway company by W. A. Matkin for damages on account of personal injuries resulting in the amputation of both his legs, sustained by him while in its service. He recovered a judgment in the sum of $35,000, which was affirmed by the honorable Court of Civil Appeals.

The injuries were caused Matkin while he was attempting to uncouple two cars at Mineóla in some switching, after the train, upon which he was head bralceman, reached that point. At the time a string of nine or ten cars was backing in response to a signal given by Matkin to the engineer upon the…

2Cases cited3 opinions

  1. Baker v. AsheTexas Supreme Court · 1891
  2. San Antonio & Aransas Pass Railway Co. v. McMillanTexas Supreme Court · 1907
  3. Houston & Texas Central Railroad v. JohnsonTexas Supreme Court · 1910

3Cited by8 opinions

  1. Underwriters v. Kirby Lumber Co.Texas Commission of Appeals · 1924
  2. Sharpe v. MunozCourt of Appeals of Texas · 1953
  3. Chicago, Indianapolis & Louisville Railway Co. v. StierwaltIndiana Court of Appeals · 1926
  4. Smith & Conklin Bros. v. GriffithCourt of Appeals of Texas · 1953
  5. City of Harlingen v. ScrogginsCourt of Appeals of Texas · 1938

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