H. & T. C. R'y Co. v. Hampton
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. R. Maltbie. Appellee and her infant son, Ben. S. Hampton, filed their petition in the district court of Grayson county against the defendant, alleging that B. S. Hampton was the husband of Lula B. Hampton, and the father of Bennie S. Hampton, and that he was killed on the 7th day of January, 1884, at Kosse, Texas, through the negligence of appellant; that prior to and at the time of his death, he was engaged as mail agent and…
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Appeal from Grayson. Tried below before the Hon. R. Maltbie. Appellee and her infant son, Ben. S. Hampton, filed their petition in the district court of Grayson county against the defendant, alleging that B. S. Hampton was the husband of Lula B. Hampton, and the father of Bennie S. Hampton, and that he was killed on the 7th day of January, 1884, at Kosse, Texas, through the negligence of appellant; that prior to and at the time of his death, he was engaged as mail agent and was in charge of the mail on defendant’s train; that when the train arrived at Kosse, it was necessary, for the proper…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error is that the court erred in giving the first special charge asked by the plaintiff, because there were no pleadings to warrant the charge, and because it was calculated to mislead the jury by submitting to them other issues than those made by the pleadings.
*429The charge was as follows:
“ If you believe, from the evidence, that it was necessary for B. S. Hampton, in the discharge of his duty, to project his head from the car at Kosse station, but that he put his head out before it was actually necessary, on account of the distance of the train from…
2Cases cited4 opinions
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Blair v. . Erie Railway CompanyNew York Court of Appeals · 1876
- Yeomans v. Contra Costa Steam Navigation Co.California Supreme Court · 1872
3Cited by6 opinions
- Boston Insurance v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1902
- Missouri, Kansas & Texas Railway Co. v. BlalackTexas Supreme Court · 1912
- Lawton v. WaiteWisconsin Supreme Court · 1899
- Galveston, Harrisburg & San Antonio Railway Co. v. ParsleyCourt of Appeals of Texas · 1894
- Lusk v. WilkesSupreme Court of Oklahoma · 1917
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