East Line & Red River Railroad v. Scott
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P. McLean. This is an appeal from a judgment in favor of Scott for two thousand -two hundred and fifty dollars, for personal injuries suffered by him as an employe of defendant from the explosion of a boiler on the railroad of defendant. No question is made on the pleadings. The charge of the court is as follows: “7: The burden of proof is on plaintiff to show by a preponderance of testimony his right to recover.
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Appeal from Marion. Tried below before the Hon. W. P. McLean. This is an appeal from a judgment in favor of Scott for two thousand -two hundred and fifty dollars, for personal injuries suffered by him as an employe of defendant from the explosion of a boiler on the railroad of defendant. No question is made on the pleadings. The charge of the court is as follows: “7: The burden of proof is on plaintiff to show by a preponderance of testimony his right to recover. He must (before he can recover) show that he was injured substantially as alleged; that such injury resulted from an explosion of a…
1Opinion of the Court
Stayton, Chief Justice.
This action was brought by appellee to recover damages for an injury that he alleged was caused to him, while in the employment of appellant, by the explosion of the boiler of an engine used to operate a pile driving machine.
The action was brought in Marion county, where tried, and when the cause was called for trial the appellant made an ap. plication for a continuance based on the absence of F. M„ :Sprague, who resided in Hunt county. The witness had testified by. deposition, and the appellant desired his presence in order that he might explain a part of his evidence…
2Cited by26 opinions
- Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
- Aga v. HarbachSupreme Court of Iowa · 1905
- Maryland Casualty Co. v. ScruggsCourt of Appeals of Texas · 1925
- Houston, East & West Texas Railway Co. v. McHaleCourt of Appeals of Texas · 1907
- Morstad v. Atchison, T. & S. F. Ry Co.New Mexico Supreme Court · 1918
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