Legal Opinion

St. Louis Southwestern Ry. Co. v. Wilkes

Court of Appeals of Texas

Decided May 15, 1913PublishedCited by 12 opinions

Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by U. T. Wilkes against the-St. Louis Southwestern Railway Company. Judgment for the plaintiff, and defendant appeals. Appellee received bodily injury while in the service of appellant as conductor operating a freight train.

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Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by U. T. Wilkes against the-St. Louis Southwestern Railway Company. Judgment for the plaintiff, and defendant appeals. Appellee received bodily injury while in the service of appellant as conductor operating a freight train. The train, at the time of the injury, was made up, and in the order of an engine and tender, merchandise car, the six cars composing the “wrecking outfit,” a coal hoist, coal car, three box cars, caboose, and box car, making 14 ears besides the tender. The coal hoist was on two trucks and was an old…

1Opinion of the Court

8224 Writ of error granted by Supreme Court. The court charged the jury that: "The law provides that 75 per centum of the cars in trains, such as the one in question, shall be equipped with power or train brakes. Now if you shall find that 75 per centum of the cars in the train at the time of the injury, if any, to plaintiff were not equipped with power or train brakes, and if you find that such fact, if you find it to be a fact, directly and proximately caused or contributed to cause the caboose in which plaintiff was riding to run into the other portion of the train from which it had been…

2Cases cited1 opinion

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879

3Cited by12 opinions

  1. San Antonio & A. P. Ry. Co. v. BehneTexas Commission of Appeals · 1921
  2. Great West Mill & Elevator Co. v. HessCourt of Appeals of Texas · 1926
  3. Missouri, K. & T. Ry. Co. of Texas v. CardwellCourt of Appeals of Texas · 1916
  4. Rosenthal Dry Goods Co. v. HillebrandtCourt of Appeals of Texas · 1927
  5. Kenny v. El Paso Electric CompanyCourt of Appeals of Texas · 1963

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