Legal Opinion

Galveston, H. & S. A. Ry. Co. v. Kurtz

Court of Appeals of Texas

Decided May 1, 1912PublishedCited by 12 opinions

Appeal from District Court, Kinney County; W. O. Douglas, Judge. Action by D. M. Kurtz against the Galveston, Houston & San Antonio Railway Company. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtJames, C. J.

This action was for damages for personal injury alleged to have been received by appellee, a brakeman, from a fall caused by the breaking of a handhold on a car alleged to have been insecurely fastened and defective. Appellant urged special exceptions to the petition, general denial, and pleas of assumed risk and contributory negligence. There was a verdict for plaintiff for $22,500, reduced by remitti-tur to $20,000 by requirement of the trial court.

The first assignment of error is that the court erred in not giving a peremptory instruction for defendant, and the second complains of the…

2Cases cited3 opinions

  1. Delk v. St. Louis & San Francisco RailroadSupreme Court of the United States · 1911
  2. Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
  3. Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891

3Cited by12 opinions

  1. Galveston, H. & S. A. Ry. Co. v. EnderleCourt of Appeals of Texas · 1914
  2. Texas & P. Ry. Co. v. ShererCourt of Appeals of Texas · 1916
  3. Galveston, H. & S. A. Ry. Co. v. RoemerCourt of Appeals of Texas · 1915
  4. Henry H. Cross Co. v. Texhoma Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1929
  5. Guerra v. San Antonio Sewer Pipe Co.Court of Appeals of Texas · 1914

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