Missouri Pacific Railway Co. v. Somers
Texas Supreme Court
Appeal from Hunt. Tried below before E. B. Perkins, Special District Judge. This is an action for personal injuries,' commenced by ajopellee against" appellant June 18,1887. Appellee alleges that on April 22,1887, he was in the employ of appellant as brakeman; that the brake being out of order, it was necessary for him to loosen it by knocking under the car with a piece of wood, and to do this he had to go on the platform and reach under the car, which brought his head eight…
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Appeal from Hunt. Tried below before E. B. Perkins, Special District Judge. This is an action for personal injuries,' commenced by ajopellee against" appellant June 18,1887. Appellee alleges that on April 22,1887, he was in the employ of appellant as brakeman; that the brake being out of order, it was necessary for him to loosen it by knocking under the car with a piece of wood, and to do this he had to go on the platform and reach under the car, which brought his head eight or ten inches beyond the side of the car, and while in this position his head struck a cattle guard which he alleges…
1Opinion of the Court
GAINES, Associate Justice.
—This case was before this court at the Tyler Term, 1888, and the judgment was then reversed because the evidence was insufficient to support the verdict. The case is reported in 71 Texas Reports, 700. It was then held that if the cattle guards were dangerously near to the track of the railroad, the appellee, according to his own testimony, should be deemed to have known of the faulty construction and to have taken the risk. It was apparent he could not recover for the defect in the brake, for that he well knew. His testimony upon the trial which resulted in the…
2Cases cited2 opinions
- Willis v. LewisTexas Supreme Court · 1866
- Dimmitt v. RobbinsTexas Supreme Court · 1889
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- Sears, Roebuck & Company v. RobinsonTexas Supreme Court · 1955
- Ortiz v. O. J. Beck & Sons, Inc.Court of Appeals of Texas · 1980
- Poindexter v. Receivers of the Kirby Lumber Co.Texas Supreme Court · 1908
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