Legal Opinion

Missouri Pacific Railroad v. Brownsville Navigation District

Texas Supreme Court

Decided April 22, 1970No. B-1848PublishedCited by 282 opinions

1Opinion of the Court

WALKER, Justice.

The question in this case is sovereign immunity from suit. Uncie Wells, a brakeman for Missouri Pacific Railroad Company, lost his life as the result of an accident that occurred on December 22, 1967. His statutory beneficiaries sued MoPac and Lallier & Co. for damages, claiming that the death of Wells was proximately caused by defendants’ negligence. According to the allegations of the petition, Wells was knocked from a ladder on the train by a crane that was owned by Lallier & Co. and that had been left too near the track over which the train was moving.

MoPac filed a…

2Cases cited3 opinions

  1. Walsh v. University of TexasCourt of Appeals of Texas · 1942
  2. Hamilton County v. GarrettTexas Supreme Court · 1884
  3. Missouri Pacific Railroad v. Brownsville Navigation DistrictCourt of Appeals of Texas · 1969

3Cited by282 opinions

  1. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  2. Texas Department of Transportation v. JonesTexas Supreme Court · 1999
  3. Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
  4. General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001
  5. Tooke v. City of MexiaTexas Supreme Court · 2006

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