Legal Opinion

Atchison, Topeka & Santa Fe Railway Co. v. Mills

Court of Appeals of Texas

Decided January 20, 1909PublishedCited by 12 opinions

Appeal from the District Court of El Paso County. Tried below before Hon. J. R. Harper.

1Opinion of the Court

FLY, Associate Justice.

This is a suit for damages instituted by appellee, and a trial resulted in a judgment for him in the sum of $7,500. This is a second appeal, the opinion in the first being reported in 49 Texas Civ. App., 349.

Appellee was a fireman in the employ of appellant, and on November 14, 1906, while acting in the line of his duty, he went under an engine that was standing still and the engine automatically moved backward and crushed his right leg so that it had to be amputated about five inches below the lmee. The movement of the engine was caused by a throttle valve which…

2Cases cited11 opinions

  1. The Employers'liability CasesSupreme Court of the United States · 1908
  2. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  3. Gonzales v. City of GalvestonTexas Supreme Court · 1892
  4. Mexican National Railway Co. v. MussetteTexas Supreme Court · 1894
  5. Gautier v. FranklinTexas Supreme Court · 1846

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. El Paso Electric Ry. Co. v. ShakleeCourt of Appeals of Texas · 1911
  2. Home Ins. Co. v. DickTexas Commission of Appeals · 1929
  3. Broderick v. PardueCourt of Appeals of Texas · 1936
  4. St. Louis, B. & M. Ry. Co. v. MaddoxCourt of Appeals of Texas · 1912
  5. Zucht v. BrooksCourt of Appeals of Texas · 1919

7 more not listed; retrieve them via the Exa API.

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