Legal Opinion

Galveston, Harrisburg & San Antonio Railway Co. v. Courtney

Court of Appeals of Texas

Decided December 3, 1902PublishedCited by 12 opinions

Appeal from the District Court of Bexar County. Tried below before Hon. S. J. Brooks.

1Opinion of the Court

JAMES, Chief Justice.

Appellee was a brakemari on one of appellant’s freight trains, and sued for damages for injury to his left arm, which was caught between the bumpers of the cars in the act of uncoupling. The defendant pleaded assumed risk and contributory negligence. The verdict was for plaintiff for $13,000, which was reduced in the District Court to $11,000.

The train stopped at Macdona station in order to leave two cars there. It stood on a down grade towards the engine. It was in the night. The mode of detaching the cars was for the engine to pull the train up over the switch and stop…

2Cases cited2 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  2. Missouri Pacific Railway Co. v. LehmbergCourt of Appeals of Texas · 1889

3Cited by12 opinions

  1. Chicago, R. I. & P. Ry. Co. v. De VoreSupreme Court of Oklahoma · 1914
  2. City of Lawton v. HillsSupreme Court of Oklahoma · 1916
  3. Freeman v. McElroyCourt of Appeals of Texas · 1912
  4. St. Louis-S. F. R. Co. v. WilliamsSupreme Court of Oklahoma · 1936
  5. Southern Pacific Co. v. AllenCourt of Appeals of Texas · 1907

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