Texas & Pacific Railway Co. v. Johnson
Texas Supreme Court
Certificate of dissent from Court of Civil Appeals, Second District, in an appeal from Tarrant County. Upon the opinion of a majority of that court the judgment was reversed and cause remanded for error in giving the charge copied in this opinion, Justice Hunter dissenting. On motion of appellee the point of dissent, as disclosed in the opinion, was thereupon certified to the Supreme Court. The opinion states the case:
1Opinion of the Court
BROWN, Associate Justice.
Joe Johnson was in the employ of appellant as conductor on a freight train and at the time of his injury was engaged in the discharge of his duty as conductor on a freight train going west from Fort Worth. The injury occurred on the second day of June, 1891. The train on which Johnson was acting as conductor stopped at a water tank for the purpose of taking water, and stayed ther-e the usual and necessary time. When about to leave the tank the train on which Johnson was, was run into from the rear by another freight train, which was known as the second section of the…
2Cases cited5 opinions
- Mexican National Railway Co. v. MussetteTexas Supreme Court · 1894
- H. & T. C. R'y Co. v. McNamaraTexas Supreme Court · 1883
- United States Rolling Stock Co. v. WilderIllinois Supreme Court · 1886
- Galveston, Harrisburg & San Antonio Railway Co. v. FarmerTexas Supreme Court · 1889
- H. & T. C. R. R. Co. v. MyersTexas Supreme Court · 1881
3Cited by17 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Estate of Arrington v. FieldsCourt of Appeals of Texas · 1979
- Dieter v. Baker Service Tools, a Division of Baker International, Inc., Texas Court of Appeals, 13th District1987
- E. L. Cheeney Company and Edmon Lewis Fregia v. Walter L. Gates, Jr.Court of Appeals for the Fifth Circuit · 1965
- International & Great Northern Railway Co. v. HarrisTexas Supreme Court · 1902
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