Smith v. Texas & P. Ry. Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This was an action at law by Mrs. G. T. Smith, widow of Paoli A. Smith, suing in her own behalf and that of her minor child, to recover damages from the Texas & Pacific Railway Company for tlio death of her husband. The court directed a verdict for defendant, and entered judgment accordingly, and the plaintiff brought the case here on writ of error.
1Opinion of the Court
McCORMICK, Circuit Judge.
This case was before us at a former term. It is fully stated in the report of our decision then rendered. 30 U. S. App. 176, 14 C. C. A. 509, and 67 Fed. 524. It is very similar, in its issues of fact and law, to the case of Railway Co. v. Minnick, decided by this court, and reported in 23 U. S. App. 310, 10 C. C. A. 1, and 61 Fed. 635, on the authority of which, in part, our former decision in this case was made to rest. Upon a full consideration of the case when it was before us at the former term, the court were unanimous in reversing the judgment of the circuit…
2Cases cited2 opinions
- Texas & P. Ry. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1895
- Texas & P. Ry. Co. v. MinnickCourt of Appeals for the Fifth Circuit · 1894