Dallas v. G., Col. & S. F. R'y Co.
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit instituted by appellant. The petition alleged in substance that plaintiff had been employed by defendant to guard the property of defendant, and especially to find out who had burned and destroyed a lot of ties, and to prevent the burning and destruction of other ties and property of defendant along its railroad and right of way from the Yegua creek to the town of Caldwell in Burleson county.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit instituted by appellant. The petition alleged in substance that plaintiff had been employed by defendant to guard the property of defendant, and especially to find out who had burned and destroyed a lot of ties, and to prevent the burning and destruction of other ties and property of defendant along its railroad and right of way from the Yegua creek to the town of Caldwell in Burleson county. That in the discharge of said duties he was required to ride on horseback along the line of road from the end of the track, then…
1Opinion of the Court
West, Associate Justice.—
Without setting forth at length the-testimony, or even such portions of it as we regard as the most significant, we may content ourselves with saying that, under the facts, detailed in evidence before them, the jury were justified in holding that the appellant was a co-employee with the engineer of the wrecked tram at the time the injury was received.
The road was then in course of construction at the point where the injury occurred. They both had as a common superior Mr. B. M. Temple, chief engineer, who had charge of the construction of this part of the road. The…
2Cases cited12 opinions
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
- Chicago & Alton Railroad v. MurphyIllinois Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- International & Great Northern Railway Co. v. RyanTexas Supreme Court · 1891
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
- Pilkinton v. Gulf Colorado & Santa Fe Railway Co.Texas Supreme Court · 1888
- Unfried v. Balt. & O. R'd Co.West Virginia Supreme Court · 1890
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