Legal Opinion

El Paso Southwestern Ry. Co. v. W.D. Foth

Texas Supreme Court

Decided November 20, 1907No. 1783PublishedCited by 32 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from El Paso County. Eoth sued the railway company and had judgment. It was affirmed on appeal by defendant, who thereupon obtained: a writ of error. The opinion of the Court of Civil Appeals, which is specifically approved except upon one point involved, was as follows:

1Opinion of the Court

Appellee instituted this suit for damages, alleging that on August 26, 1905, he was in the service of appellant, as a locomotive fireman, and that while he was on a locomotive engaged in his duties as fireman the water glass on the locomotive exploded and destroyed his left eye. It was alleged that the water glass was defective in being too thin to withstand the pressure of water and steam, that it was not properly adjusted, that it had not been inspected and tested and that the glass was not provided with a proper screen or guard so as to hold the glass in case of an explosion.

Appellant…

2Cases cited20 opinions

  1. Johnson v. Southern Pacific Co.Supreme Court of the United States · 1904
  2. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  3. New York & New England Railroad v. BristolSupreme Court of the United States · 1894
  4. Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
  5. Missouri, Kansas & Texas Railway Co. v. W. T. Carter & BrotherTexas Supreme Court · 1902

15 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  2. Graves v. HaynesTexas Commission of Appeals · 1921
  3. Ft. Worth & D. C. Ry. Co. v. SpeerCourt of Appeals of Texas · 1919
  4. Wichita Falls Traction Co. v. AdamsTexas Supreme Court · 1916
  5. Nawelo v. Von Hamm-Young Co.Hawaii Supreme Court · 1913

27 more not listed; retrieve them via the Exa API.

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