Texas & Pacific Railway Co. v. Robertson
Texas Supreme Court
This is an appeal from a judgment for $10,000, recovered by the widow, children, and mother of a brakeman killed in the employ of the appellant. The deceased was killed while attempting in the night to uncouple in a moving train a car from the tender of the engine drawing the train. The facts are set out in the opinion.
1Opinion of the Court
STAYTON, Chief Justice.
T. B. Robertson having been killed while in the employment of appellant as a brakeman, this action was brought by his mother, wife, and children to recover damages resulting from his death, which it is alleged resulted from the negligence of the railway company. The evidence other than the declarations of the deceased, hereafter to be referred to, showed that he was injured while .attempting to uncouple moving cars.
A witness was permitted to state that he “was about fifty or sixty yards from Robertson when he was hurt, and I heard Robertson halloo, and I ran immediately…
2Cases cited2 opinions
- Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
- Nelson v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1890
3Cited by27 opinions
- Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
- Washington v. StateSupreme Court of Florida · 1923
- Texas & Pacific Railway Co. v. HallTexas Supreme Court · 1892
- Magnolia Petroleum Co. v. GuffeyTexas Supreme Court · 1937
- Kirk v. MiddlebrookSupreme Court of Missouri · 1907
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