Legal Opinion

Texarkana & Fort Smith Railway Co. v. Toliver

Court of Appeals of Texas

Decided December 15, 1904PublishedCited by 16 opinions

Appeal from the District Court of Jefferson. Tried below before Hon. W. H. Pope.

1Opinion of the Court

PLEASANTS, Associate Justice.

This suit was brought by appellee against the appellant to recover damages for personal injuries alleged to have been caused by appellant’s negligence. Defendant’s answer contains a general denial and special pleas of contributory negligence and assumed risk. The trial in the court below by a jury resulted in a verdict and judgment in favor of plaintiff for the sum of $19,500.

Plaintiff was injured on the 39th day of March, 1902, while in the discharge of his duties as foreman of defendant’s switching crew in its yards in the city of Beaumont. There were several…

2Cases cited2 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  2. Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889

3Cited by16 opinions

  1. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
  2. Chicago, R. I. & G. Ry. Co. v. SteeleCourt of Appeals of Texas · 1924
  3. Commercial Insurance Co. of Newark, NJ v. LaneCourt of Appeals of Texas · 1972
  4. Pecos & N. T. Ry. Co. v. WinklerCourt of Appeals of Texas · 1915
  5. Pure Oil Co. v. CrabbCourt of Appeals of Texas · 1941

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