Texas & P. Ry. Co. v. Barrett
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas. This was an action by W. K. Barrett against the Texas & Pacific Bailway Company, to recover damages for personal injuries. The plaintiff' recovered a judgment in the circuit court for $3,800. Defendant brings error.
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In Error to the Circuit Court of the United States for the Northern District of Texas. This was an action by W. K. Barrett against the Texas & Pacific Bailway Company, to recover damages for personal injuries. The plaintiff' recovered a judgment in the circuit court for $3,800. Defendant brings error. The defendant requested the court to give the jury tlio following instructions: “(1) You are instructed that if you believe from the evidence that defendant used ordinary care in the selection of the engine in question, and used the same care in the selection of a competent man to inspect it and…
1Opinion of the CourtBruce, District Judge
(after stating the facts). The leading fact in the case is the explosion of the boiler while the locomotive was at rest, standing in the yard of the company, with no extra pressure of steam, waiting to take out a train. How is this explosion to be accounted for? Can it be done on the theory of inevitable accident, which prudence and care could not reasonably have guarded against? Effects like this must have a cause, and the science of physics is in aid of an effort to discover the cause. Boon after the explosion a number of persons, whose testimony is in the record, came upon the yard where…
2Cases cited3 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
3Cited by5 opinions
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
- Steele v. Southern Ry.Supreme Court of South Carolina · 1899
- Texas & P. Ry. Co. v. ThompsonCourt of Appeals for the Fifth Circuit · 1895
- Texas & P. Ry. Co. v. ThompsonCourt of Appeals for the Fifth Circuit · 1895
- Galveston, H. & H. R. Co. v. AndersonCourt of Appeals of Texas · 1920