Houston & Texas Central R'y Co. v. Baker
Texas Supreme Court
Appeal from Washington. Tried in 1877 before the Hon. E. B. Turner. Spencer Baker, a freedman, and resident of Georgia, brought this suit against appellant to recover damages, May 10, 1873. Lee Baker, an adult freedman, who claimed to be the son of appellee, was in the employ of appellant as bralceman on a freight train, and on the night of February 13, 1873, while in the discharge of his duty as such, was killed.
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Appeal from Washington. Tried in 1877 before the Hon. E. B. Turner. Spencer Baker, a freedman, and resident of Georgia, brought this suit against appellant to recover damages, May 10, 1873. Lee Baker, an adult freedman, who claimed to be the son of appellee, was in the employ of appellant as bralceman on a freight train, and on the night of February 13, 1873, while in the discharge of his duty as such, was killed. The alleged matters of fact constituting the negligence were, in substance, that the death was caused by a beam or scantling, careles'sly fastened or suspended across the track over…
1Opinion of the Court
Watts, J. Com. App.
In the absence of evidence to the contrary, the presumption will be indulged that the laws of Georgia are the same as the laws of this state. At the time of the accrual of the supposed cause of action asserted in this case, the constitution of 1869 was in. force, By section 27 of the general provisions •of that instrument, it is provided that “all persons who, at any *423time heretofore, lived together as husband and wife, and both of whom, by the law of bondage, were precluded from the rites of matrimony, and continued to live together until the death of one of the parties,…
2Cases cited1 opinion
- Galveston, Harrisburg & San Antonio Railroad v. Le GierseTexas Supreme Court · 1879
3Cited by23 opinions
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- General Chemical Corp. v. De La LastraTexas Supreme Court · 1993
- Hofer v. LavenderTexas Supreme Court · 1984
- Coca-Cola Co. v. Harmar Bottling Co.Texas Supreme Court · 2006
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