El Paso & S. W. Ry. Co. v. Havens
Court of Appeals of Texas
Appeal from District Court, El Paso County; Ballard Coldwell, Judge. Action by A. S. Havens against the El Paso & Southwestern Railway Company and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtHarper, C. J.
This suit was filed January 8, 1918, to recover of appellants damages for personal injuries occasioned by appellee - having been run over by appellants’ switch engine in its yards, at Dawson, N. M., October 16, 1917.
The grounds of negligence alleged by first amended original petition filed October 3, 1918, are: First, failure to provide a safe place to work; second, failure to keep a lookout for plaintiff; third, failure to give warning of the approaching engine and; fourth, failure to use the means at hand to prevent the alleged injuries after discovering his perilous situation.
Defendants…
2Cases cited3 opinions
- Texas & Pacific Railway Co. v. McCoyTexas Supreme Court · 1896
- St. Louis Southwestern Railway Co. v. CassedayTexas Supreme Court · 1899
- San Antonio, U. G. R. Co. v. GalbreathCourt of Appeals of Texas · 1916
3Cited by1 opinion
- Byrd v. Virginian Railway Co.West Virginia Supreme Court · 1941