Lancaster v. Carter
Court of Appeals of Texas
Appeal from District Court, Gregg County t Chas. L. Brachfield, Judge. Action By Mrs. H, I-I. Carter and husband-against J. L. Lancaster and another, receivers. Judgment for plaintiffs, and defendants appeal. It .appears from testimony in the redord that Haden Oabbiness, 16 years old, son of appellee Mrs. H. H. Garter, was shot in the-back and killed by Joe Phillips, on the night of August 29, 1920, in the yards of the railway companies in Mineóla.
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Appeal from District Court, Gregg County t Chas. L. Brachfield, Judge. Action By Mrs. H, I-I. Carter and husband-against J. L. Lancaster and another, receivers. Judgment for plaintiffs, and defendants appeal. It .appears from testimony in the redord that Haden Oabbiness, 16 years old, son of appellee Mrs. H. H. Garter, was shot in the-back and killed by Joe Phillips, on the night of August 29, 1920, in the yards of the railway companies in Mineóla. Phillips was a-“special officer” for the Missouri, Kansas & Texas Railway Company, the International & Great Northern Railway Company and…
1Opinion of the Court
We think the testimony in the record, material parts of which are set out in the statement above, was sufficient to support the finding of the jury that Phillips was acting within the scope of his employment by appellants as "special officer" when he fired the shot that killed Haden Cabbiness. The rules applicable in determining a question of that kind are so well defined in cases cited below they need not be restated here. See Railway Co. v. Currie, 100 Tex. 136, 96 S.W. 1073; Railway Co. v. Lipscomb, 95 Tex. 5; Railway Co. v. Parsons, 102 Tex. 157, 113 S.W. 914; Grubb v. Railway Co., 153…
2Cases cited8 opinions
- Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892
- Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
- Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
- Texas & New Orleans Railroad v. ParsonsTexas Supreme Court · 1908
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
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3Cited by4 opinions
- Texas Employers Ins. Ass'n v. CrowCourt of Appeals of Texas · 1949
- Loyd v. HerringtonCourt of Appeals of Texas · 1944
- Centauri Specialty Insurance Company v. PhillipsDistrict Court, S.D. Texas · 2021
- St. Louis Southwestern Ry. Co. v. HudsonCourt of Appeals of Texas · 1926