Texas & P. Ry. Co. v. Swearingen
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. W. W. Swearingen, the defendant in error, instituted this action in the state court for El Paso county, Tex., from which court it was duly removed by the plaintiff in error to the Circuit Court.
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In Error to the Circuit Court of the United States for the Western District of Texas. W. W. Swearingen, the defendant in error, instituted this action in the state court for El Paso county, Tex., from which court it was duly removed by the plaintiff in error to the Circuit Court. The pleadings of the plaintiff below present substantially the following allegations: That the defendant owns and operates a line of railway running into the city of El Paso, where it has tracks and switches constituting a general switch yard for the handling, switching, and shifting of both passenger and freight…
1Opinion of the CourtMcCORMICK, Circuit Judge
(after stating the facts as above). The first error assigned is not well taken. The bill of exceptions to which it refers says that at a certain stage of the trial the defendant produced and showed to the plaintiff .his written application for employment as a brakeman, signed by him, and dated February 22, i goo. The plaintiff testified that he had read the same at the time he made it, and had written the answers thereto himself to the questions therein asked him, and had signed it. The defendant then offered in evidence the following portions thereof for the purpose of showing that plaintiff…
2Cases cited15 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889
- Union Pacific Railway Co. v. O'BrienSupreme Court of the United States · 1896
- Louisville, New Albany & Chicago Railway Co. v. BatesIndiana Supreme Court · 1896
- Houston & Texas Railway Co. v. OramTexas Supreme Court · 1878
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3Cited by3 opinions
- Cincinnati, N. O. & T. P. Ry. Co. v. JonesCourt of Appeals for the Sixth Circuit · 1912
- Hawley v. Chicago, B. & Q. Ry. Co.Court of Appeals for the Seventh Circuit · 1904
- Galveston, H. & S. A. Ry. Co. v. ButtsCourt of Appeals of Texas · 1919