Missouri Pacific Railway Co. v. Ivy
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This suit was commenced in the district court of Bell county, August 14, 1885, by Josephine Ivy, widow of Thomas F. Ivy,. deceased, for herself and as next friend of his minor children, Thomas H., A. J. Jr., H. F., C. E., G. A. and Allie Ivy, and also on behalf of Jerry Ivy, his father, to recover damages-in the aggregate sum of thirty-five thousand dollars, alleged to have been suffered by them in the death of…
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Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This suit was commenced in the district court of Bell county, August 14, 1885, by Josephine Ivy, widow of Thomas F. Ivy,. deceased, for herself and as next friend of his minor children, Thomas H., A. J. Jr., H. F., C. E., G. A. and Allie Ivy, and also on behalf of Jerry Ivy, his father, to recover damages-in the aggregate sum of thirty-five thousand dollars, alleged to have been suffered by them in the death of said Thomas F. Ivey on October 9, 1884, from injuries received while a passenger on defendant’s railroad, in a collision…
1Opinion of the Court
Collard, Judge.
It is Insisted by the appellant, the Missouri Pacific Railway Company, that Ivy, the deceased, at the time of the collision of trains causing his death, was an employe of the company, and that such being the case, the company would not be liable to his heirs if his death was the result of negligence on the part of his fellow servants. This point is made in several different assignments, and is ingeniously presented by counsel for the company.
One J. P. Higgins shipped cattle on defendant’s road from Fort Worth to the stock yards in East Saint Louis, under a contract: There is an…
2Cases cited3 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Gulf, Colorado & Santa Fe Ralway Co. v. MooreTexas Supreme Court · 1887
- Dwyer v. Continental InsuranceTexas Supreme Court · 1885
3Cited by35 opinions
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Missouri Pacific Railway Co. v. SmithTexas Supreme Court · 1892
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- Brewer v. New York, Lake Erie & Western R. Co.New York Court of Appeals · 1891
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