Caldwell v. Houston & Texas Central Railway Co.
Court of Appeals of Texas
Appeal from the District Court of Lee County. Tried below before Hon. Ed B. Sinks.
1Opinion of the Court
HODGES, Associate Justice.
—Mrs. Tommie Caldwell, as the *401surviving widow of George Caldwell and the next friend of her minor children, instituted this suit against the appellee to recover damages for the alleged negligent killing of her husband. It is alleged that Caldwell was at the time lying upon the track of the defendant company; that his perilous situation was- discovered by the engineer and brakeman in charge of the train that ran over and killed him in sufficient time to enable them by the exercise of proper care to avoid the collision, but that they negligently failed to exercise this…
2Cases cited5 opinions
- San Antonio & Aransas Pass Railway Co. v. McMillanTexas Supreme Court · 1907
- Missouri, Kansas & Texas Railway Co. v. MaloneTexas Supreme Court · 1909
- St. Louis & San Francisco Railway Co. v. TownsendSupreme Court of Arkansas · 1901
- Texas & Pacific Railroad v. PurcellTexas Supreme Court · 1898
- Galveston & Western Railway Co. v. City of GalvestonTexas Supreme Court · 1897
3Cited by8 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Leonard Stapleton v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1959
- Kirby Lumber Co. v. BoyettCourt of Appeals of Texas · 1920
- Texas N. O. R. Co. v. SpencerCourt of Appeals of Texas · 1922
- Devance v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1914
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