Gulf, Colorado & Santa Fe Railway Co. v. Bennett
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an Appeal from Johnson County. Mrs. Bennett, as administratrix, and also in her own right as widow and on behalf of their minor children, sued the Railway Co. for damages by death of H. C. Bennett, an employee, by alleged negligence of defendant. The defendant company had judgment as directed by a peremptory charge. Plaintiff appealed and secured a reversal (Bennett, Admrx. v. Gulf, C. & S. F. Ry.
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Error to the Court of Civil Appeals for the Second District, in an Appeal from Johnson County. Mrs. Bennett, as administratrix, and also in her own right as widow and on behalf of their minor children, sued the Railway Co. for damages by death of H. C. Bennett, an employee, by alleged negligence of defendant. The defendant company had judgment as directed by a peremptory charge. Plaintiff appealed and secured a reversal (Bennett, Admrx. v. Gulf, C. & S. F. Ry. Co., 159 S. W., 132). The Company thereupon obtained writ of error.
1Opinion of the Court
Mr. Chute Justice PHILLIPS
delivered the opinion of the court.
H. C. Bennett, an employee of the defendant railway company, while engaged with other employees in fighting a large fire in the yards of the company at Cleburne which threatened to destroy all the property in the yards and adjacent property as well, became overheated, with some parts of his body blistered or • burned, causing his death. The suit was one for damages on this account by his wife, as administratrix of his estate, and. 'in. her own right and for the use of their minor children.
The origin of the fire was an explosion of…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
3Cited by34 opinions
- City of Dallas v. MaxwellTexas Commission of Appeals · 1923
- San Antonio & A. P. Ry. Co. v. BehneTexas Commission of Appeals · 1921
- Gulf, C. & S. F. Ry. Co. v. BallewTexas Commission of Appeals · 1933
- Houston Lighting & Power Company v. BrooksTexas Supreme Court · 1960
- Paris & G. N. Ry. Co. v. StaffordTexas Commission of Appeals · 1932
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