I. & G. N. R'y Co. v. Hester
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Wallier. Appellee brought this suit to recover damages for injuries received while in its employment as a section hand, and claimed to have been caused by the negligence of Wilson, the section boss, who it is claimed had full power to employ and discharge' the servants under him.
Read the full summary
Appeal from Travis. Tried below before the Hon. A. S. Wallier. Appellee brought this suit to recover damages for injuries received while in its employment as a section hand, and claimed to have been caused by the negligence of Wilson, the section boss, who it is claimed had full power to employ and discharge' the servants under him. Appellant answered by general and special exceptions, general denial, and specially that appellee and Wilson were fellow-servants and therefore no recovery could be had on account of Wilson’s negligence. Also that the injuries resulted from appellee’s want of…
1Opinion of the Court
Watts, J. Com. App.
But one question presented by the assignment of errors will be considered in the disposition of this appeal, and that is presented by the sixth assignment of error, which is as follows:
“VI. The verdict of the jury was against and contrary to the law and evidence, and was wholly without evidence to authorize or support it: 1. Because the testimony for the plaintiff (including his own evidence) and that for defendant alike affirmatively prove that Wilson was not only not negligent upon the occasion of the accident to plaintiff, but that, at the time of and prior to the…
2Cases cited1 opinion
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
3Cited by21 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1912
- Norfolk & W. Ry. Co. v. GesswineCourt of Appeals for the Sixth Circuit · 1906
- Missouri Pacific Railway Co. v. CallbreathTexas Supreme Court · 1886
- Connelley v. Pennsylvania R.Court of Appeals for the Third Circuit · 1915
16 more not listed; retrieve them via the Exa API.