Texas & New Orleans Railroad v. Scarborough
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Jefferson County. The Texas & N. 0. Ey. Co. appealed from a judgment recovered by Mrs. Scarborough, and on its affirmance obtained writ of error.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Jefferson County. The Texas & N. 0. Ey. Co. appealed from a judgment recovered by Mrs. Scarborough, and on its affirmance obtained writ of error. The recovery was for the death, by defendant’s negligence, of A. W. Scarborough, a switchman who, it was claimed, while the crew were shoving a string of cars alongside a platform by the “house track,” seeing a stranger in a position exposing him to danger of being caught between the cars and the platform, ran to rescue him from peril and in doing so was himself caught…
1Opinion of the CourtChief Justice Gaines
When we granted the writ of error in this case we were of the opinion that all the assignments of error were correctly overruled by the Court of Civil Appeals, save those which complained of the court’s action in overruling the motion for a new trial. We are still of that opinion, and therefore deem it unnecessary to discuss of the except those last mentioned. .
It is claimed that a new trial should have been granted on ground of newly discovered evidence as set up by plaintiff in error’s amended motion for a new trial.
The verdict was returned and the judgment entered on the 16th day of May,…
2Cited by38 opinions
- Houston Oil Co. of Texas v. KimballTexas Supreme Court · 1910
- Canavin v. Pacific Southwest AirlinesCalifornia Court of Appeal · 1983
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Glover v. PfeufferCourt of Appeals of Texas · 1914
- Allen v. Texas N. O. R. Co.Court of Appeals of Texas · 1934
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