East Line & Red River Railway Co. v. Scott
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P.. McLean. Suit by John S. Scott, for damages for injuries to him, caused by the explosion of a boiler of a pile driving engine, on February 6, 1886, alleging that the boiler was defective, and the engineer in charge of the same was incompetent.
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Appeal from Marion. Tried below before the Hon. W. P.. McLean. Suit by John S. Scott, for damages for injuries to him, caused by the explosion of a boiler of a pile driving engine, on February 6, 1886, alleging that the boiler was defective, and the engineer in charge of the same was incompetent. Defendant alleged that Scott was an employe of defendant, employed to watch and guard the engine at night, and he was-not on duty at the time of the explosion, but was away from his post of duty; and that the boiler was not defective, and the engineer was competent; and that Scott was a fellow…
1Opinion of the Court
Gaines, Associate Justice.
Appellee was employed as a watchman to a pile driver, train and engine on appellant’s road, and received an injury by the explosion of a boiler. He brought this suit against appellant to recover damages for his injuries, and obtained a verdict and judgment in the court below.
One Faker was foreman in defendant’s repair shop, and his deposition was taken in the case on behalf of the company. In a cross interrogatory, he was asked if the engineer in charge of the pile driver engine, at the time the boiler exploded, was competent. His answer was ‘T think not.” During the…
2Cited by11 opinions
- Missouri, Kansas & Texas Railway Co. v. JohnsonTexas Supreme Court · 1898
- Cunningham v. Austin & Northwestern Railway Co.Texas Supreme Court · 1895
- El Paso & Southwestern Railway Co. v. SmithCourt of Appeals of Texas · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1891
- Cobb Brick Co. v. LindsayCourt of Appeals of Texas · 1925
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