St. Louis Southwestern Ry. Co. of Texas v. Moore
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by R. W. Moore against the St. Louis Southwestern Railway Company of Texas. From a judgment for plaintiff, defendant appeals. Appellee was one of a switching crew engaged in moving cars in appellant’s yards at Tyler. One Phillips was foreman of the crew, and one Beaird was the engineer in charge of the locomotive used in switching the cars.
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Appeal from District Court, Smith County; R. W. Simpson, Judge. Action by R. W. Moore against the St. Louis Southwestern Railway Company of Texas. From a judgment for plaintiff, defendant appeals. Appellee was one of a switching crew engaged in moving cars in appellant’s yards at Tyler. One Phillips was foreman of the crew, and one Beaird was the engineer in charge of the locomotive used in switching the cars. During the nighttime of November 17, 1913, immediately after a string of several cars had been “kicked” to go onto a side track, appellee, in the discharge of his duty, mounted one of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] Among the instructions given by the court to the jury was the following:
“If you shall find that the defendant’s employes, Phillips and Beaird, or either of them, caused the car in question to be sent or kicked onto the sandy track with great and unnecessary violence, and if you find that such act, if any, on their part, was negligence, and that they could and would, by the use of ordinary care, have known that plaintiff was in danger of being injured by reason pf the force with which said car would come in contact with other cars on said track, then if…
2Cases cited7 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- El Paso & Southwestern Railway Co. v. SmithCourt of Appeals of Texas · 1908
- Sax Antonio & Abansas Pass Railway Co. v. GrayTexas Supreme Court · 1902
- Missouri, Kansas & Texas Railway Co. v. HawkCourt of Appeals of Texas · 1902
- Gulf, Colorado & Santa Fe Railway Co. v. HallCourt of Appeals of Texas · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Texas Utilities Co. v. ClarkCourt of Appeals of Texas · 1925
- Houston T. C. R. Co. v. BrooksCourt of Appeals of Texas · 1927
- Southern Casualty Co. v. HernandezCourt of Appeals of Texas · 1927
- Crowley Mercantile Co. v. Brenard Mfg. Co.Court of Appeals of Texas · 1926
- Simpson v. Whitesboro Nat. BankCourt of Appeals of Texas · 1938