Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Miller

Texas Supreme Court

Decided November 28, 1904No. 1354PublishedCited by 14 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Cooke County. Miller sued the railway company and had j'udgment, which was affirmed on defendant’s appeal. Appellant then obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

The defendant in error, who was plaintiff below, was hurt upon the track and within the switch limits of the plaintiff in error, defendant below, at Dougherty, I. T., by an engine which was owned by the Atchison, Topeka & Santa Fe Railway Company and was operated by its employes over the tracks of the defendant. By the judgment now before us for revision the defendant was held liable for the injury, the trial court having instructed the jury that the fact that the engine was owned,by the Atchison, Topeka & Santa Fe Company and was operated by its servants would not…

2Cases cited2 opinions

  1. Ferguson v. Wisconsin Central RailroadWisconsin Supreme Court · 1884
  2. Peabody v. O. R. & N. Co.Oregon Supreme Court · 1891

3Cited by14 opinions

  1. Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1908
  2. Texas Interurban Ry. Co. v. HughesTexas Commission of Appeals · 1932
  3. Acme Cement Plaster Co. v. American Cement Plaster Co.Court of Appeals of Texas · 1914
  4. Manning v. Beaumont, Sour Lake & Western Railway Co.Texas Supreme Court · 1916
  5. International-Great Northern Railroad v. LucasTexas Supreme Court · 1936

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