Cunningham v. International Railroad
Texas Supreme Court
Appeal from Robertson. Tried below before the Hon. D. M. Prendergast. Suit was instituted by the appellant, James Cunningham, against the international Railroad Company, to recover damages for personal injury alleged to have been received in November, 1872, while a passenger on the defendant’s line of railway, between Reynolds and Troupe.
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Appeal from Robertson. Tried below before the Hon. D. M. Prendergast. Suit was instituted by the appellant, James Cunningham, against the international Railroad Company, to recover damages for personal injury alleged to have been received in November, 1872, while a passenger on the defendant’s line of railway, between Reynolds and Troupe. To this action defendant set up, as a special defense, that the section of road upon which the accident is alleged to have occurred and the train on which the alleged injuries were received were then in the exclusive possession and control of Douglas, Brown,…
1Opinion of the Court
Bonner, Associate
Justice.—The principal question underlying this case,.and which arises upon the judgment overruling the demurrer of the plaintiff to the answer of defendant and upon the charge of the court to the jury, may be briefly stated as follows:
Is the defendant-company liable in damages for the act of Douglas, Brown, Beynolds & Go., independent construction contractors, for an alleged negligent management of one of defendant’s trains, used and controlled by Douglas, Brown, Beynolds & Co., for construction purposes, upon that part of the road not completed and delivered to defendant ?
Th…
2Cases cited10 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Water Co. v. WareSupreme Court of the United States · 1873
- Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
- Robertson v. New York & Erie Rail RoadNew York Supreme Court · 1856
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3Cited by93 opinions
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- Texas Employers' Ins. v. OwenTexas Commission of Appeals · 1927
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