Pollock v. Houston & Texas Central Railroad
Texas Supreme Court
Error to the Court of Civil Appeals for the Sixth District in an appeal from Grayson County. Pollock sued the railway company and obtained judgment which, upon defendant’s appeal, was reversed and remanded for insufficiency of the evidence to sustain a recovery. Appellee Pollock thereupon obtained writ of error on the ground that the ruling of the Appellate Court holding the evidence insufficient in law practically settled the case.
1Opinion of the CourtChief Justice Gaines
Henry Pollock was a member of a section gang who were employed in repairing the roadbed of the Houston & Texas Central Railroad Company under the management of Kidd as foreman. On the day of the accident the gang were engaged in raising a dump upon the railroad track. A train was seen approaching from the south and Kidd told the men to keep working and he would call them off before the train reached them and in time for them to assume a safe position. When the train approached within forty-five to seventy-five yards of where the men were at work, they were called off and Pollock left the…
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