Legal Opinion

Hancock v. Gulf, Colorado & Santa Fe Railway Co.

Texas Supreme Court

Decided April 5, 1906No. 1533PublishedCited by 4 opinions

Certificate of dissent from the Court of Civil Appeals for the Second District, in an appeal from Bosque County. The majority and dissenting opinions in the Court of Civil Appeals were as follows:

1Opinion of the Court

Lewis Hancock, a minor son of appellants, was killed by one of appellee's trains in a deep cut near Valley Mills, Texas, on October 3, 1902. On the trial for damages therefor, the court instructed the jury that the evidence showed conclusively that his death was due to his own contributory negligence, and hence to return a verdict for the defendant. This appeal is from the verdict and judgment entered in accord with said instruction.

The evidence, briefly stated, shows that the deceased had been employed as a section hand by one of appellee's section foremen. Upon his application he had been…

2Cases cited5 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
  2. Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
  3. Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
  4. Texas Midland Railroad v. CrowderCourt of Appeals of Texas · 1901
  5. Hutchens v. St. Louis Southwestern Railway Co.Court of Appeals of Texas · 1905

3Cited by4 opinions

  1. St. Louis, S. F. T. Ry. Co. v. WestCourt of Appeals of Texas · 1915
  2. Gulf, C. & S. F. Ry. Co. v. SullivanCourt of Appeals of Texas · 1916
  3. William Miller & Sons Co. v. WaymanCourt of Appeals of Texas · 1913
  4. William Miller & Sons Co. v. WaymanCourt of Appeals of Texas · 1913

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