I. & G. N. R'y Co. v. McCarthy
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Felix J. McCord. The appellee filed her original petition in the district court of Smith county, September 7, 1880, against appellant, alleging that appellant, by its servants, on December 16, 1879, negligently and carelessly, and wilfully and by gross negligence and carelessness, caused the death of Charles McCarthy, husband of appellee, without fault of his; that appellant gave to deceased, who was then and there the employee…
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Appeal from Smith. Tried below before the Hon. Felix J. McCord. The appellee filed her original petition in the district court of Smith county, September 7, 1880, against appellant, alleging that appellant, by its servants, on December 16, 1879, negligently and carelessly, and wilfully and by gross negligence and carelessness, caused the death of Charles McCarthy, husband of appellee, without fault of his; that appellant gave to deceased, who was then and there the employee and servant of appellant, holding the position of road master, a new velocipede hand-car to use; that the car was a new,…
1Opinion of the Court
Watts, J. Com. App.
There are but two questions presented by the record which require consideration. One, and the principal ground upon which appellee’s right to a recovery was based, was that the company had been negligent in furnishing to McCarthy a dangerous and defective machine to be used by him in the discharge of his duty as road master, the defects and dangers of which were known to the company, or ought to have been known by the exercise of due diligence, but were not known to McCarthy, nor could have been known by the exercise of reasonable care on his part.
With reference to the duty…
2Cases cited2 opinions
- G., H. & S. A. R'y Co. v. LempeTexas Supreme Court · 1883
- G., H. & San Antonio R'y Co. v. DrewTexas Supreme Court · 1883
3Cited by12 opinions
- St. Louis Southwestern Railway Co. v. HynsonTexas Supreme Court · 1908
- St. Louis & San Francisco Railroad v. MathisTexas Supreme Court · 1908
- St. Louis Southwestern Ry. Co. of Texas v. EwingTexas Commission of Appeals · 1920
- Ladonia Cotton Oil Co. v. ShawCourt of Appeals of Texas · 1901
- Seery v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1903
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