Texas & P. Ry. Co. v. Prothro
Court of Appeals of Texas
Appeal from District Court, Harrison County ; H. T. Lyttleton, Judge. Action by J. R. Prothro against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. Appellee’s place as the rear brakeman on one of appellant’s freight trains was in the caboose. It became necessary to cool and repack a “hot box” on the car next to the locomotive.
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Appeal from District Court, Harrison County ; H. T. Lyttleton, Judge. Action by J. R. Prothro against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. Appellee’s place as the rear brakeman on one of appellant’s freight trains was in the caboose. It became necessary to cool and repack a “hot box” on the car next to the locomotive. While the train was taking water at a tank at which it had been stopped, appel-lee went from the caboose to the car mentioned and began to work on the hot box. Before he had time to complete, the work the train started on its…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). We do not agree that:
“There was not,” quoting from appellant’s brief, “sufficient evidence that the engineer knew of plaintiff’s danger, or could have known of same by ordinary care, and no evidence that the effect of increasing the speed of the train at that time would be negligence on the part of the engineer.”
It appeared that the train had stopped at a water tank to take water for the locomotive. It remained at the tank about five minutes. During that time appellee engaged in working on the hot box. He had brought with him from the caboose…
2Cases cited3 opinions
- International & Great Northern Railway Co. v. HarrisTexas Supreme Court · 1902
- International & Great Northern Railroad v. GarciaCourt of Appeals of Texas · 1909
- Price v. Consumers' Cotton Oil Co.Court of Appeals of Texas · 1905