Legal Opinion

Gutierrez v. El Paso & Northeastern Railroad

Texas Supreme Court

Decided March 24, 1909No. 1933PublishedCited by 11 opinions

Error to the Court of Civil Appeals for the Fourth District, on error from El Paso County. Suit by Enedina Gutierrez against the railway company. Plaintiff recovered judgment and defendant prosecuted writ of error. The Court of Civil Appeals, reversed and remanded, with a dissenting opinion. Appellee procured writ of error from the Supreme Court.

1Opinion of the CourtJustice Brown

This suit was instituted in the District Court of El Paso County, on April 19, 1907, by the plaintiff in error as administratrix of the estate of Antonio Gutierrez, for the benefit of herself as the widow of the said deceased. It was alleged that the said Antonio Gutierrez left no child. It was also alleged that on or about the 22d day of June, 1906, in the Territory of New Mexico, the said Antonio Gutierrez was in the employ of the defendant railroad company and on that day was riding upon a fiat-car at the direction and command of the servants and agents of the railroad company for the…

2Cases cited2 opinions

  1. The Employers'liability CasesSupreme Court of the United States · 1908
  2. Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903

3Cited by11 opinions

  1. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  2. El Paso & Northeastern Railway Co. v. GutierrezSupreme Court of the United States · 1909
  3. Trahan v. TrahanTexas Supreme Court · 1981
  4. Jones' Unknown Heirs v. DorchesterCourt of Appeals of Texas · 1920
  5. Eastern Ry. Co. of New Mexico v. EllisCourt of Appeals of Texas · 1912

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