St. Louis & San Francisco Railway Co. v. McClain
Texas Supreme Court
The statement of this case by the trial judge in his charge is here given. ‘ ‘This suit is brought by Chesley McClain against the railway company to recover §15,000 actual damages which plaintiff alleges he has sustained by reason of personal injuries received by him while in' the employment of defendant as fireman on one of defendant’s engines'. These injuries plaintiff alleges were caused by defendant’s negligence or want of proper care in this: That the defendant…
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The statement of this case by the trial judge in his charge is here given. ‘ ‘This suit is brought by Chesley McClain against the railway company to recover §15,000 actual damages which plaintiff alleges he has sustained by reason of personal injuries received by him while in' the employment of defendant as fireman on one of defendant’s engines'. These injuries plaintiff alleges were caused by defendant’s negligence or want of proper care in this: That the defendant furnished the plaintiff with an engine which had a defective wheel and a defective and insufficient brake which defendant knew,…
1Opinion of the Court
MARR, Judge.
Action for personal injuries. Verdict for $10,000 actual damages. The first assignment of error we do not think is well taken. It challenges the correctness of the first paragraph of the charge of the court below. We think that the next statement of what that portion of the charge contains is a complete refutation of the criticism, or rather hypercriticism, pronounced upon it, for it really does not announce the rules of law in a confused way or charge on the weight of evidence as contended by the appellant. We have given in the synopsis accompanying this opinion this portion of…
2Cases cited11 opinions
- Brown v. SullivanTexas Supreme Court · 1888
- Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
- Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
- Missouri Pacific Railway Co. v. LamotheTexas Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Raywood Rice, Canal & Milling Co. v. ErpTexas Supreme Court · 1912
- Galveston, Harrisburg & San Antonio Railway Co. v. CroskellCourt of Appeals of Texas · 1894
- Kirby Lumber Co. v. ChambersCourt of Appeals of Texas · 1906
- Cunningham v. NealCourt of Appeals of Texas · 1908
37 more not listed; retrieve them via the Exa API.