Smyer v. Ft. Worth & Denver City Ry. Co.
Court of Appeals of Texas
Appeal from District. Court, Potter County ; J. N. Browning,' Judge. Action by J. E. Smyer against the Ft. Worth & Denver City Railway Company. From a judgment for defendant, plaintiff appeals.
1Opinion
On the Merits.
Appellant filed this suit in the district court of Potter county to recover for personal injuries occurring on the 14th day of October, 1908. He alleges that the injury resulted because appellee's roadbed, being in a defective condition from rotten and worn-out ties, gave way, causing the track to spread, derailing the engine, causing the tank to turn over, thereby throwing appellant, who was engineer, under the tank. There was a trial before a jury, resulting in a verdict for appellee railway company, and the cause is before us on appeal. At a former day of this term, upon…
2Cases cited18 opinions
- Lockett v. SchurenbergTexas Supreme Court · 1884
- Torrey, Davidson & Grosscup v. Wm. Cameron & Co.Texas Supreme Court · 1889
- Whitaker v. GeeTexas Supreme Court · 1884
- Osborne v. PratherTexas Supreme Court · 1892
- Missouri Pacific Railway Co. v. EdwardsCourt of Appeals of Texas · 1889
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