Legal Opinion

Southern Pac. Co. v. De La Cruz

Court of Appeals of Texas

Decided February 21, 1918No. 786PublishedCited by 2 opinions

Appeal from District Court, El Paso County; Ballard Coldwell, Judge. Action, by Robert de la Cruz against the Southern Pacific Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

Cruz brought this suit to recover damages on account of personal injuries alleged to have been sustained while working in the employ of appellant as a blacksmith helper in its shops at Tucson, Ariz. Plaintiff alleged that he was ordered and directed by one of defendant's employes who had authority to direct him to do a certain piece of work, and in order to perform the said work he was directed to use what is known as a "trip" or steam hammer, and in the exercise of due care for his own safety, while attempting to put the material which he was then using in a position to be struck by the…

2Cases cited10 opinions

  1. Sherman Gas & Electric Co. v. BeldenTexas Supreme Court · 1909
  2. Gulf, Colorado & Santa Fe Railway Co. v. MatthewsTexas Supreme Court · 1906
  3. St. Louis Southwestern Railway Co. v. HynsonTexas Supreme Court · 1908
  4. St. Louis & San Francisco Railroad v. MathisTexas Supreme Court · 1908
  5. Missouri, Kansas & Texas Railway Co. v. WallTexas Supreme Court · 1909

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3Cited by2 opinions

  1. Southern Pac. Co. v. De la CruzTexas Commission of Appeals · 1921
  2. Chicago, R. I. & P. Ry. Co. v. KingSupreme Court of Oklahoma · 1932

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