Missouri Pacific Railway Co. v. Callbreath
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. F. A. Williams. This action was brought in the district court of Anderson county, Texas, by J. F. Callbreath, appellee, against the Missouri Pacific Railway company, for damages for personal injuries inflicted on him while he was in the employment of the railway company as a servant.
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Appeal from Anderson. Tried below before the Hon. F. A. Williams. This action was brought in the district court of Anderson county, Texas, by J. F. Callbreath, appellee, against the Missouri Pacific Railway company, for damages for personal injuries inflicted on him while he was in the employment of the railway company as a servant. The plaintiff claimed in his petition that he was a “helper,” whose duty it was to couple and uncouple any and all cars in the railroad yards at Palestine; that a construction car was constructed in a dangerous and unusual manner, of which he was ignorant; that…
1Opinion of the Court
Gaines, Associate Justice.
The appellee, who was plaintiff in the court below, applied to appellant’s officers for employment, and in reply to inquiries made of him, represented that he understood the business, having had ten years éxperienee as brakeman on railroads in *528the United States and Canada. He was thereupon employed by the company as a brakeman, and served in that capacity on its trains some seven or eight days. He was then, with his consent, put to work as a “helper” or car coupler in defendant’s yards in Palestine. After working about three hours in this latter capacity he received…
2Cases cited5 opinions
- Mo. Pac. R'y Co. v. WattsTexas Supreme Court · 1885
- I. & G. N. R'y Co. v. HesterTexas Supreme Court · 1885
- M. P. R'y Co. v. WattsTexas Supreme Court · 1885
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
- Walsh v. Peet Valve Co.Massachusetts Supreme Judicial Court · 1872
3Cited by20 opinions
- Galveston, Harrisburg & San Antonio Railway Co v. GormleyTexas Supreme Court · 1898
- Gulf, Colorado & Santa Fe Railway Co. v. KizziahTexas Supreme Court · 1893
- Coyne v. City of MemphisTennessee Supreme Court · 1907
- Galveston, Harrisburg & San Antonio Railway Co. v. HughesCourt of Appeals of Texas · 1899
- Bennett v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
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