International & Great Northern Railroad v. Cooper
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in an appeal from Bobertson County. The ground upon which the writ of error was asked was error in the trial court and in the Court of Civil Appeals, in holding that the defendant company was liable to plaintiff for the acts of the engineer and fireman in discharging hot water upon plaintiff by mistake, when they only intended to discharge cold water, for their own amusement.
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Error to Court of Civil Appeals for Third District, in an appeal from Bobertson County. The ground upon which the writ of error was asked was error in the trial court and in the Court of Civil Appeals, in holding that the defendant company was liable to plaintiff for the acts of the engineer and fireman in discharging hot water upon plaintiff by mistake, when they only intended to discharge cold water, for their own amusement. “It was error to so hold, because said act was done by said servants outside of their duty to the master, and outside of the scope of their employment; and such an act…
1Opinion of the Court
BROWN, Associate Justice.
—In the year 1891, the International & Great northern Railroad Company, a corporation created under the laws of the State of Texas, was in the hands of T. M. Campbell, as receiver, and the road was being operated by him. On the 14th day of September, 1891, one McMillan was in the employ of T. M. Campbell, receiver, and was in charge of and operating a locomotive as engineer, pulling a freight train on the said railroad from San Antonio to Palestine. Plaintiff below, Willie Cooper, with the consent of the engineer and fireman operating said locomotive, got on the…
2Cases cited3 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
3Cited by54 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Southwest Dairy Products Co. v. DefratesTexas Supreme Court · 1939
- Hill v. StaatsCourt of Appeals of Texas · 1916
- Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
- Burnett v. OechsnerTexas Supreme Court · 1899
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