H. & T. C. R'y Co. v. McNamara
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. J. R. Cowles. Suit by the plaintiff, John McNamara, to recover damages for personal injuries received while in the employ of defendant as-brakeman on its road. The 'damages were laid at $20,000. The defense was contributory negligence on the part of plaintiff.
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Appeal from Grayson. Tried below before the Hon. J. R. Cowles. Suit by the plaintiff, John McNamara, to recover damages for personal injuries received while in the employ of defendant as-brakeman on its road. The 'damages were laid at $20,000. The defense was contributory negligence on the part of plaintiff. Verdict and judgment for plaintiff for $5,500. Defendant asked the court to instruct the jury, “That it was the duty of the plaintiff, as brakeman in the service of the defendant,, to have acquainted himself with the general duties of the position, and he assumed at his peril the risks…
1Opinion of the Court
Willie, Chief Justice.—
The assignments of error relied on for •a reversal of the judgment below are five in number. The first, viz., that the court erred in its instructions to the jury; the third, that the finding of the jury is contrary, to law, and contrary to and without evidence; and the fifth, that the court erred in refusing to grant a new trial upon the grounds set forth in the motion for a new trial,— are too general to be considered by this court. Supreme Court Rule 26; Green v. Dallahan & Co., 54 Tex., 281; Railway Co. v. Shafer, id., 641.
The second assignment is sufficiently…
2Cases cited9 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Ryan v. . FowlerNew York Court of Appeals · 1862
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