Hutcherson v. Amarillo St. Ry. Co.
Court of Appeals of Texas
Error from District Court, Potter County; Jas. N. Browning, Judge. Action by Mrs. Annie Hutcherson and others against the Amarillo Street Railway Company. Judgment for defendant, and plaintiffs bring error.
1Opinion
On Motion for Rehearing. .
[5] We think this court erred in reversing this case, referable to the allegations and the testimony as to the absence of a spring on the single pole switch as an element of negligence. The testimony was that this switch was in such a position as that “any jar,” or “any vibration” would cause the same to drop and close the circuit. If the switch was “very nearly balanced” and was “arranged so that gravitation would very nearly close it,” as testified to by Hutcherson, the witness, the deceased, who was employed as manager to operate the machine, and had operated the…
2Cases cited5 opinions
- Texas & Pacific Coal Co. v. KowsikowsikiTexas Supreme Court · 1910
- Lantry-Sharpe Contracting Co. v. McCrackenTexas Supreme Court · 1912
- Toomey v. DonovanMassachusetts Supreme Judicial Court · 1893
- Veno v. City of WalthamMassachusetts Supreme Judicial Court · 1893
- Klutts v. Gibson Bros.Court of Appeals of Texas · 1904