Texas & P. R'y Co. v. McAtee
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Plaintiff filed his petition alleging, in substance, that he was in defendant’s employ as brakeman in the yard at Sherman, and, as such, was engaged in setting a car in on the side track. That it was a part of his duty to set the brake on the car, and when he attempted to do so he found that the brake would not hold the car.
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Plaintiff filed his petition alleging, in substance, that he was in defendant’s employ as brakeman in the yard at Sherman, and, as such, was engaged in setting a car in on the side track. That it was a part of his duty to set the brake on the car, and when he attempted to do so he found that the brake would not hold the car. The car was going down grade, and about to strike another car on the track, and, fearing it would knock the other car off, he got down oif that car and ran along by the side of the track until he got to the…
1Opinion of the Court
West, Associate Justice.—
The court in its main charge presented fairly enough, to the consideration of the jury, the principal issues in the case. The court, also, in connection with its own charge, gave the following instructions at the instance of the appellant:
“ 1st. It devolves upon the plaintiff in this case to prove that the brake on this car was so defective, that, by proper use of it, the work for which it was intended could not be performed.
“ 2d. That the injury to plaintiff was caused by the defects in the brake.
*698“ 3d. That he did not know of the defect in the brake, and by proper…
2Cited by1 opinion
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