Legal Opinion

Consolidated Kansas City Smelting & Refining Co. v. Binkley

Court of Appeals of Texas

Decided January 23, 1907PublishedCited by 9 opinions

Appeal from the District Court of El Paso County. Tried below before Hon. J. M. Goggin.

1Opinion of the Court

JAMES, Chief Justice.

amended original petition alleged that plaintiff Chas. H. Binkley whilst in the discharge of his duties as switch-man for the defendant G., H. & S. A. Ry. Co. was injured by being .knocked from one of its freight trains in passing under a blast pipe erected at the smelting works of appellant near the city of El Paso, that he had not been warned of such danger, nor informed of the location of said pipe, and that while letting off one of the brakes and acting in the line of his duties he was struck on the head and shoulder as the train was passing under the pipe, knocked…

2Cases cited2 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
  2. Galveston Oil Co. v. MortonTexas Supreme Court · 1888

3Cited by9 opinions

  1. Southwestern Portland Cement Co. v. KezerCourt of Appeals of Texas · 1915
  2. Village of Portland v. Citizens Telephone Co.Michigan Supreme Court · 1919
  3. H. E. Butt Grocery Co. v. BrunerCourt of Appeals of Texas · 1975
  4. City of Tacoma v. BonnellWashington Supreme Court · 1911
  5. Alaska Steamship Co. v. Pacific Coast Gypsum Co.Washington Supreme Court · 1912

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