Houston & Tex. Cent. R'y Co. v. Gilmore
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Appellee sued appellant to recover damages for injuries received by him while in its employ. The petition alleged in substance that defendant failed to furnish skilful engineer, conductor and brakemen to operate its train, and furnished defective and unsuitable machinery and cars, and that while in its employ as brakeman he received certain injuries described in his petition, and he claimed $20,000 damages.
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Appellee sued appellant to recover damages for injuries received by him while in its employ. The petition alleged in substance that defendant failed to furnish skilful engineer, conductor and brakemen to operate its train, and furnished defective and unsuitable machinery and cars, and that while in its employ as brakeman he received certain injuries described in his petition, and he claimed $20,000 damages. Defendant pleaded specially: 1st. That it employed skilful servants to handle said train, and denied all knowledge of…
1Opinion of the Court
Stayton, Associate Justice.
If the injury of which the appellee complains resulted from the negligence of the person who was in charge of the engine, or from the negligence of those who made up the train, he was not entitled to recover even though his own negligence may not have contributed to the injury; for such persons were his fellow-servants.
There was no evidence tending to show that the appellant had not exercised due care in the selection of employees who were engaged in the common employment with the appellee; nor that it had in any respect been negligent in keeping in its service any…
2Cases cited7 opinions
- Hutchins v. MastersonTexas Supreme Court · 1877
- Earle v. ThomasTexas Supreme Court · 1855
- Thompson v. ShannonTexas Supreme Court · 1853
- Cravens v. WilsonTexas Supreme Court · 1877
- Lee v. HamiltonTexas Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Shelton v. SheltonCourt of Appeals of Texas · 1926
- Texas Pacific Railway Co. v. WisenorTexas Supreme Court · 1886
- First Nat. Bank of Garner, Iowa v. SmithCourt of Appeals of Texas · 1916
- Missouri, K. & T. Ry. Co. of Texas v. BurkCourt of Appeals of Texas · 1912
14 more not listed; retrieve them via the Exa API.