Schaff v. Copass
Court of Appeals of Texas
Appeal from District Court, Bell County;, Lewis H. Jones, Judge. Action by Carl H. Copass, by Annie Stephens, as next friend, against C. E. Schaff, receiver of the Missouri, Kansas & Texas Railway Company of Texas. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMcCLENDON, C. J.
[1] This suit was instituted on bebalf of Carl Copass by bis mother, Mrs. Annie Stephens, as next friend, against C. E. Schaff, in his capacity as receiver of the Missouri, Kansas & Texas Railway Company of Texas, to recover compensatory damages for personal injuries sustained by Copass on the night of August 14, 1922, as a result of being run over by an engine operated by the receiver. Copass had fallen asleep while seated on the track, and therefore, under the doctrine announced in Railway v. Shiftlet, 94 Tex. 131, 58 S. W. 945, was guilty of contributory negligence as a matter of law,…
2Cases cited16 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
- Trochta v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1920
- Galveston, H. & S. A. Ry. Co. v. PriceTexas Commission of Appeals · 1922
- Fort Worth & Denver City Railway Co. v. ShetterTexas Supreme Court · 1900
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Northern Texas Traction Co. v. WeedTexas Commission of Appeals · 1927
- West v. CashinCourt of Appeals of Texas · 1935
- Aranda v. Texas & N. O. R.Court of Appeals of Texas · 1940
- Texas & P. Ry. Co. v. KingCourt of Appeals of Texas · 1929
- Echols v. DukeCourt of Appeals of Texas · 1937
9 more not listed; retrieve them via the Exa API.