Hamilton v. G. H. & S. A. R'y Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit by Ann Hamilton against appellee for running its cars over Nathaniel Brown, aged fifteen, years, only son of plaintiff, and killing him; alleging that Nathaniel Brown was employed by the company without the consent and against the will of plaintiff; that he was a minor of tender years, and employed at extra hazardous business by defendant — coupling and uncoupling cars; that his death was caused by the…
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Suit by Ann Hamilton against appellee for running its cars over Nathaniel Brown, aged fifteen, years, only son of plaintiff, and killing him; alleging that Nathaniel Brown was employed by the company without the consent and against the will of plaintiff; that he was a minor of tender years, and employed at extra hazardous business by defendant — coupling and uncoupling cars; that his death was caused by the gross negligence of defendant, its servants, agents and employees, and by no fault or want of proper care of the minor;…
1Opinion of the Court
Gould, Associate Justice.
The exclusion of the plaintiff’s testimony that she remonstrated with her son about his acting as brakeman, and of her answer to a question asking her what she said to him on the subject, would not have been erroneous, had the issue on that point been merely whether she consented to her son’s employment or not. Having testified positively that she had not, at any time, directly or indirectly, given her consent to his employment, what she said to her son on the subject would have been immaterial as to the fact of consent, and inadmissible for the purpose of charging…
2Cases cited4 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Hill v. GustIndiana Supreme Court · 1876
- Houston & Great Northern Railroad v. MillerTexas Supreme Court · 1879
- H. & G. N. R. R. Co. v. MillerTexas Supreme Court · 1878
3Cited by6 opinions
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Taylor v. WootanIndiana Court of Appeals · 1891
- National State Bank of Mt. Pleasant v. RickettsCourt of Appeals of Texas · 1912
- T. & P. R'y Co. v. CarltonTexas Supreme Court · 1883
- Cook v. UrbanCourt of Appeals of Texas · 1914
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