Legal Opinion

Texas & New Orleans Railway Co. v. Echols

Texas Supreme Court

Decided June 14, 1894No. 173PublishedCited by 16 opinions

Error to Court of Civil Appeals for First District, in an appeal from Liberty County.' Echols sued for damages for personal injuries suffered from alleged negligence of the railway company, while he was in its employ. The nature of the employment and the circumstances of the injury are set out in the opinion of the court.

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Error to Court of Civil Appeals for First District, in an appeal from Liberty County.' Echols sued for damages for personal injuries suffered from alleged negligence of the railway company, while he was in its employ. The nature of the employment and the circumstances of the injury are set out in the opinion of the court. On the trial in the District Court verdict was rendered for plaintiff for $15,000. Pending a motion for new trial by the defendant the plaintiff filed a remittitur for $6000, and the judgment was rendered for $9000. The defendant appealed. The judgment was affirmed in Court…

1Opinion of the Court

BBOWF, Associate Justice.

The Texas & New Orleans Railway Company, jointly with other railroads, owned and operated creosote works near the city of Houston, for the purpose of treating ties. There was a large number of ties in the yard stacked between two tracks and extending from near the one to near the other track. The south track was used to carry the ties to the works from the stacks by placing them on trucks or cars for that, purpose, taking them from the stacks. The ties were in stacks about eight feet high, one tie upon another. The ties from bottom to top of the stack was called a…

2Cases cited2 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. SmithTexas Supreme Court · 1890
  2. M. P. R'y Co. v. WattsTexas Supreme Court · 1885

3Cited by16 opinions

  1. Hunter v. EasthamTexas Supreme Court · 1902
  2. Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
  3. Insurance Co. of North America v. WickerTexas Supreme Court · 1900
  4. Memphis Cotton Oil Co. v. GardnerCourt of Appeals of Texas · 1914
  5. Hill v. Boston & Maine RailroadSupreme Court of New Hampshire · 1904

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