International & Great Northern Railway Co. v. Brazzil
Texas Supreme Court
Appeal from Smith. Tried below before Hon. Felix J. McCord. This suit was filed on the 26th day of April, 1888, by appellee to recover of appellants both actual and exemplary damages for certain injuries alleged to have been sustained by him while a passenger on defendants’ train, in a wreck between the towns of Troupe and Tyler, on the 26th day of December, 1887. Appellants plead a general denial, and specially plead a compromise of said claim and release duly executed by…
Read the full summary
Appeal from Smith. Tried below before Hon. Felix J. McCord. This suit was filed on the 26th day of April, 1888, by appellee to recover of appellants both actual and exemplary damages for certain injuries alleged to have been sustained by him while a passenger on defendants’ train, in a wreck between the towns of Troupe and Tyler, on the 26th day of December, 1887. Appellants plead a general denial, and specially plead a compromise of said claim and release duly executed by plaintiff on the 6th day of January, 1888, and also confirmation and ratification of same on part of appellee. A trial…
1Opinion of the Court
GAIKES, Associate Justice.
—This is an action brought by appellee to recover of appellants damages for personal injuries received by him while a passenger on the train of the Missouri Pacific Railway Company while being operated on the road of its codefendant. This is the second appeal by the defendants in this suit. The facts of the case are fully shown in the former opinion, which is reported in 72 Texas, 233.
Upon the subject of the release which was executed by the plaintiff to the defendants, the court gave the following instruction, to-wit:
“ That is, gentlemen, if the plaintiff was insane…
2Cases cited1 opinion
- Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888
3Cited by12 opinions
- Fort Worth & Denver City Railway Co. v. MeaslesTexas Supreme Court · 1891
- International & Great Northern Railway Co. v. HinzieTexas Supreme Court · 1891
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- The Oriental v. BarclayCourt of Appeals of Texas · 1897
- Chicago, R. I. & G. Ry. Co. v. SteeleCourt of Appeals of Texas · 1924
7 more not listed; retrieve them via the Exa API.