Houston & Great Northern Railroad v. Randall
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. Frank T. Randall, July 3, 1874, sued the Houston and Great Northern Railroad Co. for damages. The case is stated in the charge to the jury, extracts from which are given: “The plaintiff sues defendant for damages for alleged injuries to him while an employ é, as brakeman, on the railroad of defendant, caused by the cars of the company running over his arm and requiring the same to be amputated.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. Frank T. Randall, July 3, 1874, sued the Houston and Great Northern Railroad Co. for damages. The case is stated in the charge to the jury, extracts from which are given: “The plaintiff sues defendant for damages for alleged injuries to him while an employ é, as brakeman, on the railroad of defendant, caused by the cars of the company running over his arm and requiring the same to be amputated. “ The plaintiff alleges the injuries to have been occasioned by a certain open ditch left by the negligence of defendant on a side track of…
1Opinion of the Court
Moose, Chief Justice.
The gravamen of this action is that appellee, the plaintiff in the court below, while he was endeavoring, in the proper discharge of his duty as a brakeman on one of appellant’s trains, to couple two of appellant’s cars on its side track, at Lindale depot, Smith county, fell into an open ditch across said track, whereby, without negligence or fault on his own part, as he alleges, he was most grievously injured.
Though other minor questions are incidentally suggested in the record, a careful analysis of it shows that, unless there was error in the court below touching one…
2Cases cited9 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Coleman v. SouthwickNew York Supreme Court · 1812
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- I. G.N.R.R. Co. v. EdwardsTexas Supreme Court · 1906
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- So Relle v. W. U. Telegraph Co.Texas Supreme Court · 1881
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