Texas & P. Ry. Co. v. Howard
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by Helen Campbell Howard and others against the Texas & Pacifie Railway Company. Erom an adverse judgment, defendant appeals. March 29, 1904, E. W. Campbell, then superintendent of the Eastern division of appellant’s line of railway, was crushed 'between two cars forming parts of one of appellant’s trains then near the Union Depot in Dallas.
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Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Action by Helen Campbell Howard and others against the Texas & Pacifie Railway Company. Erom an adverse judgment, defendant appeals. March 29, 1904, E. W. Campbell, then superintendent of the Eastern division of appellant’s line of railway, was crushed 'between two cars forming parts of one of appellant’s trains then near the Union Depot in Dallas. He died shortly afterwards from the effect of the injuries he suffered, leaving surviving him a daughter, appellee Helen Campbell Howard, then 10 years of age, and a son, R. W.…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] Appellant insists that the deceased was not engaged in the performance of duty he owed to it as its division superintendent at the time he was injured, and that in going between the cars as he did, and assisting Core and Kelley in replacing the draw-head he was performing service outside of the scope of his employment, and that it therefore owed him no duty except the duty not to willfully injure him. The rule of law invoked has been stated as follows:
“If an employe quits the work assigned to him by his employer, and voluntarily undertakes to do work…
2Cases cited1 opinion
- Knights of MacCabees of the World v. JohnsonCourt of Appeals of Texas · 1912
3Cited by6 opinions
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1919
- Cobb Brick Co. v. LindsayCourt of Appeals of Texas · 1925
- St. Louis Southwestern Ry. Co. v. PyronCourt of Appeals of Texas · 1925
- Texas N. O. R. Co. v. HouseCourt of Appeals of Texas · 1919
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1919
1 more not listed; retrieve them via the Exa API.