Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Silliphant

Texas Supreme Court

Decided May 4, 1888No. 5711PublishedCited by 15 opinions

Appeal from Dallas. Tried below before the Hon. George N. Aldridge. The appellee sued appellant for damages resulting from negligence, the character of which is stated in the opinion. Appellee’s family consisted of himself and two children. Before his injury he was an active and strong man, enjoying health, twenty-two years of age. He was a butcher by trade, and earned in that business seventy-five dollars per month.

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Appeal from Dallas. Tried below before the Hon. George N. Aldridge. The appellee sued appellant for damages resulting from negligence, the character of which is stated in the opinion. Appellee’s family consisted of himself and two children. Before his injury he was an active and strong man, enjoying health, twenty-two years of age. He was a butcher by trade, and earned in that business seventy-five dollars per month. He sought employment on the railroad, and was so engaged as a section hand when the injury occurred, in ¡November, 1882. He fell in front of a rapidly moving hand car, which…

1Opinion of the Court

Walker, Associate Justice.

Silliphant sued and obtained judgment against appellant for damages suffered by him when working a hand car as an employe of appellant.

The plaintiff’s case is, that the direct cause of the injury was . the breaking or giving way of the lever, at one end of which he was working, aiding in propelling a hand car from a section-house to the place of labor, of the squad of which he was a member. He had worked several months on another railroad, and knew the manner of working a hand car. On the morning of his second day’s work for defendant he was ordered to work at the…

2Cases cited2 opinions

  1. Manchaca v. FieldTexas Supreme Court · 1884
  2. Houston & Texas Central Railway Co. v. DunhamTexas Supreme Court · 1878

3Cited by15 opinions

  1. Taylor, Bastrop & Houston Railway Co. v. TaylorTexas Supreme Court · 1890
  2. Foster Lumber Co. v. RodgersCourt of Appeals of Texas · 1910
  3. Dofner v. BranardCourt of Appeals of Texas · 1951
  4. St. Louis Southwestern Ry. Co. of Texas v. EwingTexas Commission of Appeals · 1920
  5. Texas P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926

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