Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Howard

Texas Supreme Court

Decided April 25, 1904No. 1307PublishedCited by 20 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Bell County. Lizzie Howard and others sued the railway company and recovered judgment which was affirmed on appeal by defendant, who thereupon obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

The defendants in error sued the Gulf, Colorado & Santa Fe Railway Company to recover damages re- suiting from the death of J. D. Howard. The railway company answered by general demurrer, special exception and plea of contributory negligence, and that the negligence which caused the death of Howard was that of his fellow servants. There was a verdict and judgment for the plaintiffs, which was affirmed by the Court of Civil Appeals. The findings of fact by the Court of Civil Appeals are as follows:

"J. D. Howard was in the employ of the defendant company as a hostler at…

2Cases cited2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. WarnerTexas Supreme Court · 1896
  2. Medberry v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1900

3Cited by20 opinions

  1. Hartford Fire Ins. Co. v. OwensCourt of Appeals of Texas · 1925
  2. Glover v. Houston Belt & Terminal Ry. Co.Court of Appeals of Texas · 1914
  3. Texarkana & Ft. Smith Railway Co. v. AndersonTexas Supreme Court · 1909
  4. Lodwick Lumber Co. v. TaylorCourt of Appeals of Texas · 1905
  5. Ray v. Pecos & Northern Texas Railway Co.Court of Appeals of Texas · 1905

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