Dillingham v. Scales
Texas Supreme Court
Appeal from Navarro. Tried below before Hon. Sam. B. Frost. This is an appeal from a judgment for $7000 rendered in the District Court of Navarro County against appellants, receivers of the Houston & Texas Central Railway Company, and in favor of J. M. Scales and his wife R. S. Scales, for damages for negligently causing the death of N. E. Scales, the son of plaintiffs and an employe of the defendants. The deceased at his death was 24 years of age.
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Appeal from Navarro. Tried below before Hon. Sam. B. Frost. This is an appeal from a judgment for $7000 rendered in the District Court of Navarro County against appellants, receivers of the Houston & Texas Central Railway Company, and in favor of J. M. Scales and his wife R. S. Scales, for damages for negligently causing the death of N. E. Scales, the son of plaintiffs and an employe of the defendants. The deceased at his death was 24 years of age. The father was 57 and the mother 54 years of age. Their family consisted of five unmarried daughters. Other facts appear in the opinion.
1Opinion of the Court
HENRY, Associate Justice.
This suit was brought by appellees against appellants, as receivers of the Houston & Texas Central Railway Company, to recover damages caused by the death of their son while employed as a fireman on one of their engines.
The only errors insisted upon relate to the refusal of the court to grant •defendants a new trial on the grounds of language used by plaintill's’ attorney in his closing address to the jury, and that the verdict was excessive.
At the time of the son’s death he was 24 years old. His father was then aged 57 and his mother 54 years.
The son was industrious…
2Cited by24 opinions
- Snider v. Washington Water Power Co.Washington Supreme Court · 1912
- Western Indemnity Co. v. MacKechnieCourt of Appeals of Texas · 1919
- Nicholson v. NicholsonCourt of Appeals of Texas · 1929
- Waterman v. Chicago & Alton RailroadWisconsin Supreme Court · 1892
- Forth Worth Belt Railway Co. v. JohnsonCourt of Appeals of Texas · 1910
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