Pope v. Kansas City, Mexico & Orient Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Nolan County. Ethel L. Pope, in her own behalf as widow of Thomas A. Pope, and as next friend of their three minor children, sued to recover for his death by alleged negligence while .in the service of the Kansas City, Mexico & .Orient Railway Company.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Nolan County. Ethel L. Pope, in her own behalf as widow of Thomas A. Pope, and as next friend of their three minor children, sued to recover for his death by alleged negligence while .in the service of the Kansas City, Mexico & .Orient Railway Company. She recovered judgment, which was reversed with instructions, and thereupon she obtained writ of error on the ground that the ruling involved the construction and application of a Federal statute; that it substantially settled the case; that it erred in substantive…
1Opinion of the CourtJustice Greenwood
delivered the opinion .of the court.
This was an action by the widow and three children of Thos. A. Pope to recover of the Kansas City, Mexico & Orient Railway Company ‘of Texas damages for the death of Thos. A. Pope while engaged in the railway company’s service as a locomotive engineer, the death being alleged to have resulted from the negligence of a conductor in the em-' ploy of the railway company, in giving a certain signal.
The amended original petition, on which the case was tried, did not allege whether the railway company was engaged in interstate or intrastate commerce at the time…
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