Legal Opinion

Chicago, Rock Island & Texas Railway Co. v. Martin

Court of Appeals of Texas

Decided March 12, 1904PublishedCited by 1 opinion

Appeal from the District Court of Wise. Tried below before Hon. J. W. Patterson.

1Opinion of the Court

STEPHENS, Associate Justice.

Joe Martin, a boy over 16 years-old, was killed February 11, 1903, in a wreck caused by the negligence of appellant’s servants in running a freight train, on which he was riding, at a dangerously high rate of speed over a rough track, which resulted in breaking the flange of a wheel and the derailment of the train.

The deceased, according to the allegations of the petition, was "well grown and of good judgment for a person of his age;” and, according to the testimony of his father, "was a very bright boy, quick to catch on, attentive, and intended to make a railroad…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. WatkinsTexas Supreme Court · 1895
  2. Missouri, Kansas & Texas Railway Co. v. RodgersTexas Supreme Court · 1896
  3. Wilcox v. San Antonio & Aransas Pass Railway Co.Court of Appeals of Texas · 1895
  4. Missouri, Kansas & Texas Railway Co. v. TonahillCourt of Appeals of Texas · 1897

3Cited by1 opinion

  1. Gulf, Colorado & Santa Fe Railway Co. v. PowellCourt of Appeals of Texas · 1904

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