Missouri Pacific R'y Co. v. Christman
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. This suit was brought by J. A. Christman, appellee, against the Missouri Pacific Railway company, appellant, in the district court of Houston county, to recover damages for personal injuries received by him whilst serving the railway company in the capacity of locomotive engineer, the plaintiff laying his damages at $20,000. The petition alleges, in substance, that, in October 1883, the…
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Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. This suit was brought by J. A. Christman, appellee, against the Missouri Pacific Railway company, appellant, in the district court of Houston county, to recover damages for personal injuries received by him whilst serving the railway company in the capacity of locomotive engineer, the plaintiff laying his damages at $20,000. The petition alleges, in substance, that, in October 1883, the plaintiff was in the employ of the defendant, in the capacity of locomotive engineer, on the International and1 Great northern…
1Opinion of the Court
Stayton, Associate Justice.
There is no controversy as to the general principles of law applicable to this case, and they need not now be discussed. The appellee was an employe of the appellant at the time he was injured, and, to entitle him to recover, it was necessary for him to establish, by sufficient evidence, the facts:
1. That his injury resulted from the negligence of an incompetent co-employe.
2. That the appellant did not exercise due care in the selection and employment of the servants, through wjhose negligence, it is claimed, the injury resulted, or in retaining them in its service.
T…
2Cited by8 opinions
- State v. BuralliNevada Supreme Court · 1903
- Atlanta Coca-Cola Bottling Co. v. ShippSupreme Court of Georgia · 1930
- Estep v. BrattonCourt of Appeals of Texas · 1927
- Wilkinson v. Kanawha & Hocking Coal & Coke Co.West Virginia Supreme Court · 1908
- Gulf, Colorado & Santa Fe Railway Co v. NelsonCourt of Appeals of Texas · 1893
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