Gulf, Colorado & Santa Fe Ralway Co. v. Moore
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. J. M. Hall. This suit was brought by Moore to recover damages for injuries caused both to person and property by the moving train of the appellant. His hack was destroyed, and two horses, he alleges, were killed, and he severely injured and his health impaired. The injury happened at a railway crossing, and it was charged that the proper signals were not given from the locomotive before the crossings were reached by the train.
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Appeal from Johnson. Tried below before the Hon. J. M. Hall. This suit was brought by Moore to recover damages for injuries caused both to person and property by the moving train of the appellant. His hack was destroyed, and two horses, he alleges, were killed, and he severely injured and his health impaired. The injury happened at a railway crossing, and it was charged that the proper signals were not given from the locomotive before the crossings were reached by the train. The charges and ruling of the court excepted to are sufficiently apparent from the opinion. The declarations objected…
1Opinion of the Court
Collard, Judge.
The fifth paragraph of the court’s charge is incorrect, and the error assigned is palpable. Since the case of Hays v. The Houston & Great Northern Railroad Company (46 Texas, 272), there has never been a dotibt of the law. A corporation is no more liable for the malicious acts of its employe or servant tiha.n an individual would be. The unauthorized malicious acts • of the agent of a person or corporation will not render the principal liable for exemplary damages, unless the same are ratified by the principal, with full knowledge of the facts. (Galveston, Harrisburg & San…
2Cases cited4 opinions
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- H. & T. C. R'y Co. v. WilsonTexas Supreme Court · 1883
- Wortham v. BoydTexas Supreme Court · 1886
- Charles Heidenheimer & Co. v. SidesTexas Supreme Court · 1886
3Cited by25 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
- Glover v. State, Texas Court of Appeals, 6th District (Texarkana)2003
- First Southwest Lloyds Insurance Co. v. MacDowellCourt of Appeals of Texas · 1989
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