Legal Opinion

Galveston, Houston & Henderson Railway Co. v. Hodnett

Texas Supreme Court

Decided January 28, 1914No. 2629PublishedCited by 18 opinions

Error to the Court of Civil Appeals, Eighth District, in an appeal from Harris County. Hodnctt sued the Bailway Company and obtained judgment, which was affirmed on appeal by defendant. Appellant then procured writ of error.

1Opinion of the CourtJustice Phillips

This case involves the question whether the effect of the provision in article 6649, Revised Statutes of 1911 (section 2 of the Act of 1909 relating to the liability of railroad companies to their employees), that in suits against a common carrier or railroad company on account of personal injuries to an employee, the contributory negligence of such employee shall work only a diminution of his damages, is to render the defense of assumed risk under article 6645 (section 1 of the Act of 1905) no longer available as a bar to the recovery.

The question arises upon the following charge of the…

2Cases cited6 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  2. Texas & New Orleans Railroad v. BingleTexas Supreme Court · 1897
  3. Texas & Pacific Ry. Co. v. BradfordTexas Supreme Court · 1886
  4. St. Louis & San Francisco Railroad v. MathisTexas Supreme Court · 1908
  5. Galveston, H. & S. A. Ry. Co. v. GrenigCourt of Appeals of Texas · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Landrum v. RoddyNebraska Supreme Court · 1943
  2. Mayo v. Fort Worth & D. C. Ry. Co.Court of Appeals of Texas · 1921
  3. Ft. Worth, & D. C. Ry. Co. v. SmithersCourt of Appeals of Texas · 1920
  4. Kirby Lumber Corporation v. MurphyCourt of Appeals of Texas · 1954
  5. Galveston, H. & S. A. Ry. Co. v. ContoisTexas Commission of Appeals · 1926

13 more not listed; retrieve them via the Exa API.

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