Fort Worth & Denver City Railway Co. v. Peters
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from the District Court of Wise County. The judgment below, which was affirmed in the Court of Civil Appeals, was for $2891 for bodily injury caused plaintiff by alleged negligence of the defendant, the railway company. The act of negligence was on the part of a section boss named Brooks, under whose immediate direction was the plaintiff at the time of the injury.
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Error to Court of Civil Appeals for Second District, in an appeal from the District Court of Wise County. The judgment below, which was affirmed in the Court of Civil Appeals, was for $2891 for bodily injury caused plaintiff by alleged negligence of the defendant, the railway company. The act of negligence was on the part of a section boss named Brooks, under whose immediate direction was the plaintiff at the time of the injury. The third complaint in the petition for writ of error, and which is referred to in the opinion, is as follows: “The Court of Civil Appeals also erred wherein it held…
1Opinion of the Court
■ GAINES, Associate Justice.
—AfterAfter a careful examination of the record in this case, we conclude that the grounds of error alleged in the application for the writ can not be sustained.
The petition alleged, that Brooks was foreman of the section gang to which the plaintiff belonged, and that he had the power to employ and discharge the hands subject to his control; that he directed the plaintiff to take a standing position upon the handcar upon which they were moving, and that while plaintiff was in that position, Brooks, who was directing the movements of the car, permitted it to be run…
2Cases cited1 opinion
- Missouri Pacific Railway Co. v. WilliamsCourt of Appeals of Texas · 1889
3Cited by7 opinions
- Williams v. Kirby Lumber Co.Court of Appeals of Texas · 1911
- Maughmer v. BehringCourt of Appeals of Texas · 1898
- Lumpkin v. NicholsonCourt of Appeals of Texas · 1895
- Lantry-Sharpe Contracting Co. v. McCrackenCourt of Appeals of Texas · 1910
- Fort Worth & Denver City Railway Co. v. PetersCourt of Appeals of Texas · 1894
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