Cox v. Missouri, Kansas & Texas Railway Co.
Court of Appeals of Texas
Appeal from Williamson. Tried below before Hon. R. E. Brooks. The fourth assignment of error referred to in the opinion was as follows: “The court erred in admitting the testimony of the witness Veasey as to the condition he found the cars in some six or seven hours after the accident, and to give his opinion as an expert as to the cause of the parting of the train founded upon such condition, defendant not proposing to show that such condition was produced by the accident,…
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Appeal from Williamson. Tried below before Hon. R. E. Brooks. The fourth assignment of error referred to in the opinion was as follows: “The court erred in admitting the testimony of the witness Veasey as to the condition he found the cars in some six or seven hours after the accident, and to give his opinion as an expert as to the cause of the parting of the train founded upon such condition, defendant not proposing to show that such condition was produced by the accident, and it appearing that the cars were handled after the accident and before he saw them, as shown in plaintiffs bill of…
1Opinion of the Court
FISHER, Chiee Justice.
The appellant Cox, while in the employ of the railway company as a brakeman, was thrown from the train and sustained injuries for which he sues the company in damages: and upon trial in the court below judgment was rendered in favor of the defendant.
It appears from a bill of exceptions in the record that Andrew Roberg, a witness in behalf of appellee and in its employ, traveled from Wichita Falls to Georgetown, Texas, at the instance of the defendant, in order to appear as a witness in its behalf. On cross-examination the plaintiff asked him the question, whether he…
2Cases cited1 opinion
- Evansich v. G., C. & Santa Fe R. R. Co.Texas Supreme Court · 1884
3Cited by5 opinions
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- Briggs-Weaver MacHinery Co. v. PrattCourt of Appeals of Texas · 1916
- Isaacs v. BarberCourt of Appeals of Texas · 1925