Legal Opinion

Tex. & Pac. R'y Co. v. Harrington

Texas Supreme Court

Decided December 12, 1884No. Case No. 1751PublishedCited by 21 opinions

Appeal from Marion. Tried below before the Hon. B. T. Estes. Appellee, for herself and two children, brought suit in the district court at Jefferson, Texas, for damages for the death of Patrick Harringfon, husband and father of the plaintiffs. The petition charged that Pat. Harrington was car-repairer on defendant’s road in its yard at Marshall, and was run over and killed by its engine "while Harrington was on one of the yard tracks.

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Appeal from Marion. Tried below before the Hon. B. T. Estes. Appellee, for herself and two children, brought suit in the district court at Jefferson, Texas, for damages for the death of Patrick Harringfon, husband and father of the plaintiffs. The petition charged that Pat. Harrington was car-repairer on defendant’s road in its yard at Marshall, and was run over and killed by its engine "while Harrington was on one of the yard tracks. It stated the manner of the killing and why Harrington was on the track. The petition charged that Harrington was run over and killed by the fault and…

1Opinion of the Court

Watts, J. Com. App.

As grounds for recovery in this case, appellee alleged two distinct acts of negligence against the company. First, that the engine which ran over and killed Harrington was being moved rapidly through the yard at the time, and there was no lookout upon it. Secondly, that the engineer then in charge of the engine was incompetent, and not a suitable person for that service, because, as alleged, he “ was and is much weakened, injured and impaired in his eye-sight and powers of vision, being very nearsighted and unable to see at all without spectacles or glasses.” And that this…

2Cases cited2 opinions

  1. Dallas v. G., Col. & S. F. R'y Co.Texas Supreme Court · 1884
  2. Cooper v. AustinTexas Supreme Court · 1883

3Cited by21 opinions

  1. Missouri, Kansas & Texas Railway Co. v. HannigTexas Supreme Court · 1897
  2. Reliance Steel & Aluminum Co. v. SevcikTexas Supreme Court · 2008
  3. Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
  4. St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
  5. Unfried v. Balt. & O. R'd Co.West Virginia Supreme Court · 1890

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