Lancaster v. Fitch
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by Ben E. Pitch against J. L. Lancaster and others, receivers. Judgment for plaintiff, and defendants appeal.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by Ben E. Pitch against J. L. Lancaster and others, receivers. Judgment for plaintiff, and defendants appeal. The action was brought by the appellee to recover damages for the loss of his right' leg, which was crushed by the movement of the train while he, in the discharge of his duties as rear brakeman on a freight train, was between two cars, attempting to uncouple them, in the yards at Cut Off Junction, La. The petition alleges the three grounds of negligence: (1) In having “permitted the spikes in the cross-ties of…
1Opinion of the Court
The appellant predicates error in submitting as an issuable fact to the jury the two alleged grounds of negligence (1) in causing the train to move upon the appellee after he went in between the cars to make the un-coupling, and (2) in leaving and permitting to remain spikes extending above the tie near the rail. The points relied on for the error are:
"That after the train stopped for Fitch to uncouple the cars the engine did not move until Brakeman Whitley received a signal from Fitch to have the train backed, which signal was given by Fitch after he received his injury, and whatever…
2Cases cited8 opinions
- Tisdale v. Panhandle & S. F. Ry. Co.Texas Commission of Appeals · 1921
- Wells Fargo & Co. v. BenjaminCourt of Appeals of Texas · 1914
- Weisner v. Missouri, K. & T. Ry. Co. of TexasTexas Commission of Appeals · 1919
- St. Louis Southwestern Railway Co. v. ClelandCourt of Appeals of Texas · 1908
- Southern Kansas Ry. Co. of Texas v. ShinnCourt of Appeals of Texas · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Virginian Ry. Co. v. StatonCourt of Appeals for the Fourth Circuit · 1936