International & Great Northern Railway Co. v. Kernan
Texas Supreme Court
Appeal from Smith. Tried below before Hon. Felix J. McCord. The statement of the nature and result of the case by appellant is accepted by the appellee and is here given.
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Appeal from Smith. Tried below before Hon. Felix J. McCord. The statement of the nature and result of the case by appellant is accepted by the appellee and is here given. Appellee brought this suit against appellant in the District Court of Smith County on the 1st day of December, 1888, alleging in substance that about the 9th day of October, 1888, he was in the employ of the appellant and engaged as brakeman on appellant’s railroad, and on said date was engaged with other employes of appellant in switching, coupling, and uncoupling cars on appellant’s railroad and yards in San Antonio. That…
1Opinion of the Court
COLLARD, Judge.
Appellee, employed as a brakeman, while in the performance of his duty uncoupling cars-in appellant’s railroad yard in San Antonio, had two fingers on his right hand mashed off. The cause of the injury was a defect in the car and the coupling apparatus. Appellant, by several assignments of error arising from the refusal of the court to give special instructions asked by defendant, insists that if the injury resulted from the negligence of its car inspector in -failing to report the car in bad order for repairs, the inspector being a fellow servant of plaintiff, the company…
2Cases cited3 opinions
- St. Louis, Arkansas & Texas Railway Co. v. PratherCourt of Appeals of Texas · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. FarmerTexas Supreme Court · 1889
- Houston & Texas Central R'y Co. v. O'HareTexas Supreme Court · 1885
3Cited by18 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Jacksonville Ice & Electric Co. v. MosesCourt of Appeals of Texas · 1911
- Galveston, H. & S. A. Ry. Co. v. HarrisCourt of Appeals of Texas · 1915
- Kiley v. Rutland RailroadSupreme Court of Vermont · 1908
- Bennett v. Northern Pacific RailroadNorth Dakota Supreme Court · 1891
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