Legal Opinion

Galveston, Harrisburg & San Antonio Railway Co. v. Mitchell

Court of Appeals of Texas

Decided January 8, 1908PublishedCited by 9 opinions

Appeal from the 57th District Court, Bexar County. Tried below before Hon. A. W. Seeligson.

1Opinion of the Court

JAMES, Chief Justice.

The action was by the widow of C. F. Mitchell, for herself and her two minor children, for damages for the alleged negligent killing of the husband and father, asking damages in the sum of $40,000.

The petition alleged that deceased, a locomotive fireman, while engaged in blowing out the boiler in the performance of his duty, was knocked from the running board by the negligent act of the engineer, who after the engine had stopped within a few feet of certain cars to which the engine was to be coupled, suddenly with great and unnecessary force and without any notice or…

2Cases cited4 opinions

  1. International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
  2. Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
  3. Galveston, Harrisburg & San Antonio Railway Co. v. DavisCourt of Appeals of Texas · 1901
  4. Unsell v. SiskCourt of Appeals of Texas · 1904

3Cited by9 opinions

  1. Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914
  2. Fort Wayne & Wabash Valley Traction Co. v. RoudebushIndiana Supreme Court · 1909
  3. Missouri Pacific Railroad Company v. GoodsonCourt of Appeals of Texas · 1961
  4. Gulf, C. & S. F. Ry. Co. v. CooperCourt of Appeals of Texas · 1916
  5. Texas & P. Ry. Co. v. GilletteCourt of Appeals of Texas · 1932

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