Missouri, K. & T. Ry. Co. of Texas v. Heacker
Court of Appeals of Texas
Appeal from District Court, Grayson County; W. J. Mathis, Judge. Action by W. F. I-Ieacker against the Missouri, Kansas & Texas Railway Company of Texas.. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRasbury, J.
Appellee sued appellant, alleging that he was employed by appellant as a brakeman, and that while upon' a coal car attached to a train of cars engaged in the discharge of his duties, and while the train was in motion and about to collide with another train, because of appellant’s negligence, he leaped therefrom to avoid the greater hazard, and was seriously and permanently injured. Appellant by its answer conceded its negligence and appellee’s injuries, but denied that they were as serious or of the extent alleged. There was a jury trial upon special issues, which resulted in a verdict for…
2Cases cited3 opinions
- Mauch v. City of HartfordWisconsin Supreme Court · 1901
- Bruce v. BeallTennessee Supreme Court · 1897
- Alberti v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1889