Texas & Pac. Ry. Co. v. Cassaday

Plaintiff, R. F. Cassaday, sued Texas Pacific Railway Co. and Missouri, Kansas Texas Railway Co. for damages sustained from the derailing of a car, while employed by the former named defendant. Plaintiff recovered a judgment against his employer company and was denied relief against the other named defendant.

Cassaday alleged that an oil tank car became derailed while he was performing services for the company, because of the negligence of one or both of the defendants; resulting in the injuries described. The alleged negligence consisted of (a) failure to keep their track in proper repair and…