Southern Kansas Ry. Co. v. Shinn
Texas Commission of Appeals
Error to Court of Civil Appeals, Seventh Supreme Judicial District. Action by J. B. Shinn against the Southern Kansas Railway Company and others. Judgment for plaintiff affirmed by Court of Civil Appeals (153 S. W. 636), and defendants bring error.
1Opinion of the CourtTaylor, J.
The plaintiff, J. E. Shinn, sued the defendant railway companies for damages sustained from being raked off of a box car by an overhanging telephone wire while passing through the town of Higgins on one of the defendants’ freight trains. At the time of his injury, he was employed by the defendants in the capacity of brakeman, and had gone upon the top of the car in the discharge of his duties.
The telephone wires were the property of the Canadian Long-Distance Telephone Company, strung across the right of way of the defendants subsequent to the time of the construction of the railway, and were…
2Cases cited2 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Southern Kansas Ry. Co. of Texas v. ShinnCourt of Appeals of Texas · 1913
3Cited by1 opinion
- Lancaster v. HunterCourt of Appeals of Texas · 1919