Gulf, Colorado & Santa Fe Railway Co. v. Larkin
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Bell County. Larkin sued the railway company for damages for a personal injury and recovered judgment, which was affirmed on defendant’s appeal. Appellant thereupon obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
Larkin had served as a fireman for about eight months prior to his injury. Hpon each locomotive there were two lamps, one white and the other red, the latter being intended for use at night in giving signals. Larkin had been running upon this engine for three days and had used the same lantern during that time, unless it had been changed the night before his injury while the engine was in the roundhouse at Temple. He had the exclusive possession and control of the lantern and it was his duty to keep it clean and see that it was in proper condition for use. Ho other…
2Cases cited2 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Wachsmuth v. Shaw Electric Crane Co.Michigan Supreme Court · 1898
3Cited by37 opinions
- Mercer v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Drake v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1905
- City of Houston v. HowardCourt of Appeals of Texas · 1990
- Longpre v. Big Blackfoot Milling Co.Montana Supreme Court · 1909
- Koschman v. AshSupreme Court of Minnesota · 1906
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