Houston & Texas Central Railway Co. v. Forsyth
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This is an action for damages, brought by Forsyth against the appellant, for. the recovery of $23,000, because of personal injury received by him when in appellant’s employment, in the capacity of a bralceman on one of its trains.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. This is an action for damages, brought by Forsyth against the appellant, for. the recovery of $23,000, because of personal injury received by him when in appellant’s employment, in the capacity of a bralceman on one of its trains. Appellant is alleged to be duly chartered by the laws of Texas, and the cause, of the injuries is charged to be the want of a drawbar to the engine, and the want of bumpers to the cars that he endeavored to couple to said engine; these attachments being necessary to said car and engine to make a…
1Opinion of the Court
Moore, Associate Justice.
The only proposition insisted upon hy appellant for the reversal of this judgment, is that the court erred in overruling the application for a new trial, sought for in the court below, on the ground of newly-discovered evidence.
It must be admitted that greater deference should be given in an appellate tribunal to the action of the lower court on a motion of this kind, than on an application for a continuance; both of which, no doubt, are, in a degree, necessarily addressed to the discretion of the court in which they are made. But while this is the case, it is well…
2Cases cited6 opinions
- Waller v. GravesSupreme Court of Connecticut · 1850
- State v. LoganNevada Supreme Court · 1865
- Ables v. DonleyTexas Supreme Court · 1852
- Fleming v. HollenbackNew York Supreme Court · 1849
- Williams v. BaldwinNew York Supreme Court · 1821
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- New Amsterdam Casualty Company v. JordanTexas Supreme Court · 1962
- McClelland v. MoungerCourt of Appeals of Texas · 1937
- San Antonio Gas Co. v. SingletonCourt of Appeals of Texas · 1900
- Huggins v. CareyTexas Supreme Court · 1917
- State v. Heirs of Charles ZancoCourt of Appeals of Texas · 1898
39 more not listed; retrieve them via the Exa API.