Gulf, C. & S. F. Ry. Co. v. Phillips
Court of Appeals of Texas
Appeal from District Court, Burleson County; Ed. A. Sinks, Judge. Action by Luella Phillips and others against the Gulf, Colorado & Sante Fé Railway Company. From a judgment for certain of the plaintiffs, defendant appeals.
1Opinion of the CourtMcMEANS, J.
Allen Phillips, while upon the railroad track of the Gulf, Colorado & Santa Fé Railway, was run over and killed by one of its trains, and this suit was brought by his children and heirs at law to recover damages sustained by them by reason of his death, upon the ground that the operatives of the train, after discovering the said Allen Phillips upon the track and his perilous situation, failed to use all the means at their command, consistent with the safety of the train, to stop the train before striking him, and that but for such failure the said Allen Phillips would not have been run over…
2Cases cited4 opinions
- Fort Worth & Denver City Railway Co. v. ShetterTexas Supreme Court · 1900
- Houston & Texas Central Railway Co. v. O'DonnellTexas Supreme Court · 1906
- International & Great Northern Railroad v. MunnCourt of Appeals of Texas · 1907
- Galveston City Railway Company v. HannaCourt of Appeals of Texas · 1904
3Cited by8 opinions
- Ford v. Panhandle & Santa Fe Railway Co.Texas Supreme Court · 1952
- Galveston, H. & H. R. v. SlomanCourt of Appeals of Texas · 1922
- Blasdell v. Port Terminal R. Ass'nCourt of Appeals of Texas · 1950
- Texas & N. O. R. v. GraceCourt of Appeals of Texas · 1947
- Thompson v. SistiCourt of Appeals of Texas · 1949
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