Missouri Pacific Railway Co. v. McElyea
Texas Supreme Court
Appeal from Anderson, Tried below before the Hon, F. A. Williams, This is an appeal from a judgment for seven thousand dollars, rendered May 2, 1887, in favor of appellee for damages for personal injuries received by him March 5, 1887, on the road of appellant near Nechesville by reason of an alleged •defective engine and tender which ran off the track and was turned over.
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Appeal from Anderson, Tried below before the Hon, F. A. Williams, This is an appeal from a judgment for seven thousand dollars, rendered May 2, 1887, in favor of appellee for damages for personal injuries received by him March 5, 1887, on the road of appellant near Nechesville by reason of an alleged •defective engine and tender which ran off the track and was turned over. The errors assigned and argued by the appellant relate to the refusal of a special charge asked by it and the insufficiency of the testimony to want of care on part of the defendant company in the particular matter…
1Opinion of the Court
Stayton, Chief Justice.
The appellee was a “section boss” in the employment of the appellant company, and with the men under his control was being transported on an engine and tender from the section house to a place on the road at which ■a wreck had occurred, when the engine and tender were derailed and the appellee thereby seriously injured.
The evidence tends to show that the derailment was caused by a brake shoe falling from the brake beam just in advance of a car wheel which was thereby forced'from the track. The -evidence further tends to show that had the brake shoe been properly…
2Cited by9 opinions
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- Phœnix Insurance v. Boren, Davidson & StewartTexas Supreme Court · 1892
- Burns v. Merchants & Planters Oil Co.Court of Appeals of Texas · 1901
- Wallace v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904
- Beaumont, Sour Lake & Western Railroad v. OlmsteadCourt of Appeals of Texas · 1909
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