Houston & Texas Central R'y Co. v. O'Hare
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Jerry O’Hare, the appellee, was an employee at the round house of the Houston & Texas Central Railway Company in Corsicana. His duties were to wipe engines, carry coal and sand, etc., from the round house to the machine-shop, and to do , anything and everything necessary to be done around and about the round house, including the coupling of cars, when called on by the foreman.
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Appeal from Navarro. Tried below before the Hon. L. D. Bradley. Jerry O’Hare, the appellee, was an employee at the round house of the Houston & Texas Central Railway Company in Corsicana. His duties were to wipe engines, carry coal and sand, etc., from the round house to the machine-shop, and to do , anything and everything necessary to be done around and about the round house, including the coupling of cars, when called on by the foreman. On the 18th September, 1874, a freight engine, No. 63, was brought to the round house for the purpose of turning it on the turn-table and sending it back…
1Opinion of the Court
Stayton, Associate Justice.
The sole ground on which the plaintiff sought relief was, that he was injured by the negligence of the railway company in using a crippled engine.
The charge clearly informed the jury what the issue to be tried was, and, to enable the jury properly to determine whether negligence on the part of the defendant existed, gave the charge which is complained of in the fourth assignment.
The assignment is:
“ The court erred in the fourth paragraph of the charge, instruct*602ing the jury that the defendant company has no means of acting except through its agents or officers, and…
2Cited by9 opinions
- St. Louis & San Francisco Railway Co. v. McClainTexas Supreme Court · 1891
- International & Great Northern Railway Co. v. KernanTexas Supreme Court · 1890
- Texas Power & Light Co. v. Central Texas Battery Co.Court of Appeals of Texas · 1923
- International & Great Northern Railroad v. StoryCourt of Appeals of Texas · 1901
- Pfeiffer v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
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