Texas & P. Ry. Co. v. Minnick
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. This was an action by Maggie Minnick, for herself and as next friend of her children, against the Texas & Pacific Railway Company to recover damages for causing the death of her husband, W. W. Minnick.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. This was an action by Maggie Minnick, for herself and as next friend of her children, against the Texas & Pacific Railway Company to recover damages for causing the death of her husband, W. W. Minnick. There was a verdict for plaintiff, hut the judgment entered thereon was reversed by this court for error in the instructions. 6 C. C. A. 387, 57 Fed. 388. A new trial was had, and verdict and judgment again rendered for plaintiff. Defendant again brings the case here on writ of error.
1Opinion of the Court
McCORMICK, Circuit Judge.
This case was before us at our last term, and was reversed and remanded. 6 O. G. A. 387, 57 Fed, 362. It has been again tried in the circuit court, the trial resulting in a judgment against the defendant below, to reverse which it brings this writ of error.
The plaintiff in error makes the following assignment of errors:
“First. The court erred in refusing the following charge, asked, by the defendant: ‘The plaintiff cannot recover in this canse (1) because Minnick assumed the risk of being injured by any peculiarity in the construction of defendant’s engines; (2)…
2Cited by4 opinions
- Mississippi River Logging Co. v. SchneiderCourt of Appeals for the Seventh Circuit · 1896
- Texas & P. Ry. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1895
- Smith v. Texas & P. Ry. Co.Court of Appeals for the Fifth Circuit · 1897
- Stainer v. San Luis Valley Land & Mining Co.Court of Appeals for the Eighth Circuit · 1908