International & Great Northern Railroad v. Trump
Court of Appeals of Texas
Appeal from the District Court of Williamson County. Tried below before Hon. V. L. Brooks. Appellant’s second and third assignments of error were based on the refusal of the trial court to give a peremptory instruction to find for defendant because the evidence was insufficient to show that the bursting of the turbine engine was caused by negligence in respect to defects in the machinery.
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Appeal from the District Court of Williamson County. Tried below before Hon. V. L. Brooks. Appellant’s second and third assignments of error were based on the refusal of the trial court to give a peremptory instruction to find for defendant because the evidence was insufficient to show that the bursting of the turbine engine was caused by negligence in respect to defects in the machinery. The eighth and ninth assignments of error complained of the fouth and fifth paragraphs of the charge as submitting the issues whether defects in the engine and failure to inspect caused the accident, because…
1Opinion of the Court
EIDSON, Associate Justice.
This is a suit by appellee against appellant to recover damages for personal injuries alleged to have been sustained by him while in the employ of appellant by the bursting of the turbine .engine of a Pyle Hational Electric Headlight machine, used by appellant to furnish lights at its roundhouse and machine shops at Taylor, Texas.
Appellant answered by general demurrer, special exceptions, general denial and special pleas of assumed risk and contributory negligence. The trial resulted in a verdict and judgment for appellee in the sum of $9,000.
Appellant’s first…
2Cases cited7 opinions
- Galveston, Harrisburg & San Antonio Railway Co v. GormleyTexas Supreme Court · 1898
- Missouri Pacific Railway Co. v. HennesseyTexas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1892
- Texas & New Orleans Railroad v. BingleTexas Supreme Court · 1897
- Texas & Pacific Railway Co. v. HuffmanTexas Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- St. Louis, B. & M. Ry. Co. v. ColeTexas Commission of Appeals · 1929
- St. Louis Southwestern Railway Co. v. GreeneCourt of Appeals of Texas · 1977
- Missouri, K. & T. Ry. Co. of Texas v. GrosecloseCourt of Appeals of Texas · 1911