Missouri, Kansas & Texas Railway Co. v. Jones
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Bell County. Jones sued the railway company and recovered judgment. Defendant appealed and on affirmance obtained writ of error.
1Opinion of the CourtJustice Williams
The principal question in this case is whether or not the evidence relied on by defendant in error (plaintiff) is sufficient to show negligence on the part of the plaintiff in error (defendant). Plaintiff’s counsel rely mainly on the principle, res ipsa loquitur, as it has been stated in many decisions in this State and elsewhere.
The injury for which plaintiff sues was received in this way. As a switchman in the service of defendant in its yards at Temple, he rode on the footboard of a slowly moving engine until it reached a point at which it was his duty to get off for the purpose of…
2Cases cited2 opinions
- McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
- Washington v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
3Cited by43 opinions
- Hopson v. Gulf Oil Corp.Texas Supreme Court · 1951
- Wichita Falls Traction Co. v. ElliottTexas Supreme Court · 1935
- Green v. Texas & Pacific Railway Co.Texas Supreme Court · 1935
- Midland Valley Railroad Co. v. GraneySupreme Court of Oklahoma · 1919
- Smith v. SchumackerCalifornia Court of Appeal · 1938
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