Texas & P. Ry. Co. v. Thompson
Court of Appeals for the Fifth Circuit
These were actions brought against the Texas & Pacific Railway Company by R. J. Thompson and S. M. Dietz, respectively, to recover damages for personal injuries sustained by them, while in its employment, through the explosion of a locomotive boiler. In each of the cases there was a verdict for plaintiff, which was duly affirmed, upon writ of error. 70 Fed. 944.
1Dissent
SPEER, District Judge,
dissented from this decision, filing the following opinion:
I feel obliged to submit certain grounds of difference with a majority of the court in this case, and, indeed, in all of the cases growing out of the explosion of the engine which caused the injuries sued for. There were two theories explanatory of the explosion of the engine which resulted in the injury to the plaintiff. They were maintained, respectively, by the plaintiff and defendant in the circuit court. The plaintiff’s reliance was upon the theory that the explosion resulted from corroded and weakened stay…
2Cases cited5 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
- Texas & Pacific Railway Co. v. ReedTexas Supreme Court · 1895
- Texas & P. Ry. Co. v. BarrettCourt of Appeals for the Fifth Circuit · 1895
- Texas & P. R. v. BryantCourt of Appeals for the Fifth Circuit · 1893
3Cited by4 opinions
- Chicago & N. W. Ry. Co. v. O'BrienCourt of Appeals for the Eighth Circuit · 1904
- Ft. Smith W. R. Co. v. HolcombeSupreme Court of Oklahoma · 1916
- Texas & P. Ry. Co. v. ThompsonCourt of Appeals for the Fifth Circuit · 1895
- Montbriand v. Chicago, St. P., M. & O. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1911