Clay v. Atchison, T. &. S. F. Ry. Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Eighth Supreme Judicial District. Suit by Mrs. L. H. Clay, as widow of L. H. Clay, against the Atchison, Topeka & Santa Fé Railway Company, in which John L. Dyer, as administrator of the estate of deceased, intervened. From a judgment of the Court of Civil Appeals (201 S. W. 1072), ailirming a judgment for defendant, plaintiff brings error.
1Opinion of the CourtTaylor, J.
This suit for damages for the killing of L. H. Clay in New Mexico by one of the trains of the Atchison, Texas & Santa Fé Railway Company was instituted against the railway company in a Texas court at El Paso by Mrs. Clay, widow of the deceased, alleging negligence on the part of the company, its agents and employes,. and seeking recovery of $5,000. The death of Clay resulted from a collision at a railroad crossing of an automobile truck, operated by him, with one of the railway company’s locomotives. Deceased was not an employé of the railway company. A few months after the filing of the suit…
2Cases cited10 opinions
- Cole v. State Ex Rel. CoboliniTexas Supreme Court · 1914
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Romero v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1903
- Adams v. Fitchburg RailroadSupreme Court of Vermont · 1894
- Dale v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1897
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3Cited by3 opinions
- Holbein v. RigotSupreme Court of Florida · 1971
- Wells v. IrwinDistrict Court, N.D. Texas · 1942
- Rigot v. HolbeinDistrict Court of Appeal of Florida · 1970