St. Louis S. W. Ry. Co. of Texas v. Bradberry
Court of Appeals of Texas
Appeal from District Court, Smith. County ; J. R. Warren, Judge. Action by J. C. Bradberry against the St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. One Butler, an employé of appellant, attempted to release the brake on a box car it was necessary to move.
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Appeal from District Court, Smith. County ; J. R. Warren, Judge. Action by J. C. Bradberry against the St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. One Butler, an employé of appellant, attempted to release the brake on a box car it was necessary to move. The brake was so tightly set he could not release it; and ap-pellee, also an employé of appellant, in the discharge of duty he owed to do so, went to the top of the car and assisted Butler. They used a “brake stick” in turning the brake wheel so the ratchet holding it could be released. When…
1Opinion of the Court
There was testimony showing that the only cure known to the medical profession for a hernia like the one appellee suffered was a surgical operation, and testimony showing that appellee refused when urged by physicians to do so to submit to such an operation. In view of that testimony, appellant objected to the court's charge before it was read to the jury, on the ground that it did not present to them for determination a question "as to whether plaintiff," quoting, "did or did not use ordinary care in failing to submit to" an operation. Appellant did not formulate and present such a question…
2Cases cited7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McMannewitzTexas Supreme Court · 1888
- Olds Motor Works v. ChurchillCourt of Appeals of Texas · 1915
- El Paso Electric Ry. Co. v. ShakleeCourt of Appeals of Texas · 1911
- West Lumber Co. v. KeenCourt of Appeals of Texas · 1920
- Baker v. CobbCourt of Appeals of Texas · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Wichita Falls, R. & Ft. W. Ry. Co. v. CombsTexas Commission of Appeals · 1925
- Missouri, Kansas & Texas Railway Co. v. CunninghamTexas Supreme Court · 1930
- Texas P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926
- Kansas City, M. & O. Ry. Co. v. PerryCourt of Appeals of Texas · 1927
1 more not listed; retrieve them via the Exa API.