Texas & Pacific Railway Co. v. O'Fiel
Texas Supreme Court
Appeal from Marion. Tried below before Hon. John L. Sheppard. J. L. O’Fiel was employed by appellee as a brakeman; the brake staff broke, which caused him to fall and break his arm. He sued for $10,-725 actual damages. Defendant answered that they had careful car inspectors, and that the defect in the brake staff was a hidden defect, and that plaintiff assumed the risk. June 18, 1890, trial by the court without a jury; judgment for 82500. Defendant appealed.
1Opinion of the Court
GAINES, Associate Justice.
—The appellee brought this suit to recover of the appellant corporation damages for personal injuries received by him while serving as brakeman upon its railroad. The cause was tried by the court without a jury, and the assign tnents of error all question the sufficiency of the evidence to justify a recovery.
The plaintiff was employed upon a construction train, in which there was a flat car for hauling earth which had its brake shaft upon the side. The cars being in motion and the signal for brakes having sounded, the plaintiff turned the shaft to apply the brakes,…
2Cited by13 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- St. Louis & San Francisco Railway Co. v. McClainTexas Supreme Court · 1891
- Galveston, Harrisburg & San Antonio Railway Co. v. DavisCourt of Appeals of Texas · 1901
- Bonner and Eddy v. WhitcombTexas Supreme Court · 1891
- Beaumont, Sour Lake & Western Railroad v. OlmsteadCourt of Appeals of Texas · 1909
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