Legal Opinion

San Antonio Portland Cement Co. v. Gschwender

Court of Appeals of Texas

Decided October 23, 1918No. 6075. [fn*]Published

Appeal from District Court, Bexar County; R. B. Minor, Judge. Action by Mrs. G. A. Gschwender and others against the San Antonio Portland Cement Company. Judgment for plaintiff named, and defendant appeals.

1Opinion of the CourtSwearingen, J.

This is a suit by Mrs. G. A. Gschwender, J. A. and Eliza Gschwen-der, the surviving wife, father, and mother, respectively, of G. A. Gschwender, to recover damages for his death, which, it was alleged, occurred while deceased, in the discharge of his duty as an employé of appellant, was turning a switch in obedience to an order of his foreman.

The trial was with a jury, upon special issues, and resulted in a judgment against the parents, and in favor of the surviving wife, in the sum of $10,000. The material issues made by the pleadings and the facts shown by the evidence will be stated in the…

2Cases cited7 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
  2. Houston & Texas Central Railroad v. HarrisTexas Supreme Court · 1910
  3. Galveston, H. & S. A. Ry. Co. v. PenningtonCourt of Appeals of Texas · 1914
  4. Barnhart v. Kansas City, Mexico & Orient Railway Co.Texas Supreme Court · 1916
  5. Merchants and Planters Oil Co. v. BurnsTexas Supreme Court · 1903

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