St. Louis Southwestern Ry. Co. of Texas v. Bryant
Court of Appeals of Texas
Appeal from District Court, Bowie County; Hugh Carney, Judge. Action by L. E. Bryant against the St. Louis Southwestern Railway Company of Texas. From judgment for plaintiff, defendant appeals. The appellee brought the suit to recover damages for personal injuries received by him on December 18, 1920, at about two o’clock a. m., while engaged in the performance of his duties as a switchman in the yard of appellant at Texarkana, Tex.
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Appeal from District Court, Bowie County; Hugh Carney, Judge. Action by L. E. Bryant against the St. Louis Southwestern Railway Company of Texas. From judgment for plaintiff, defendant appeals. The appellee brought the suit to recover damages for personal injuries received by him on December 18, 1920, at about two o’clock a. m., while engaged in the performance of his duties as a switchman in the yard of appellant at Texarkana, Tex. The appellee was engaged, with others of the yard crew, in taking cars loaded with freight to a certain regular track, to be incorporated in outbound trains. Some…
1Opinion of the Court
The appellant objected to the following portion of the court's charge:
"You are instructed that it is the duty of railway companies, engaged as common carriers in commerce, to provide sufficient and secure grabirons and handholds on their cars for the use of their employees to climb thereon or therefrom."
The objections to the charge are that (1) it does not say whether the "commerce" is interstate or intrastate; (2) it does not authorize the jury to find whether or not the car was in fact one "requiring" the railway company to equip it with a secure ladder and handhold; and (3) it imposes…
2Cases cited9 opinions
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Wells, Fargo & Co. v. BenjaminTexas Supreme Court · 1915
- Kennedy v. UpshawTexas Supreme Court · 1886
- Wells Fargo & Co. v. BenjaminCourt of Appeals of Texas · 1914
- Missouri, Kansas & Texas Railway Co. v. CreasonTexas Supreme Court · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shell Pipe Line Corp. v. CostonCourt of Appeals of Texas · 1931