Legal Opinion

Anderson v. St. Louis Southwestern Railway Co.

Texas Supreme Court

Decided June 7, 1911No. 2475PublishedCited by 2 opinions

Error to the Court of Civil Appeals, Sixth District, in an appeal from Titus County. Anderson sued the railway company and obtained judgment. It was reversed on defendant’s appeal and judgment rendered in its favor. Plaintiff then obtained writ of error. The case on appeal is reported in 61 Texas Civ. App., 374.

1Opinion of the CourtJustice Williams

A judgment of the District Court in favor of plaintiff in error against the defendant in error for damages for personal injuries sustained by him in its service was reversed by the Court of Civil Appeals, and final judgment was rendered in favor of defendant, for two reasons, (1) that there was no evidence of negligence on the part of the defendant, and (2) that the evidence conclusively showed negligence of plaintiff which contributed to his injuries. Of course, one of these propositions must he true to sustain the rendition of final judgment.

The plaintiff was foreman of a fencing gang in…

2Cases cited5 opinions

  1. H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
  2. Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
  3. Hall v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1891
  4. Illinois Central Railroad v. GuessMississippi Supreme Court · 1896
  5. N. & W. R. R. v. WilliamsSupreme Court of Virginia · 1892

3Cited by2 opinions

  1. Payne v. RobeyTexas Commission of Appeals · 1924
  2. Anderson v. St. Louis Southwestern Ry. Co. of TexasTexas Supreme Court · 1911

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