Texas M. R. Co. v. Whitmore
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. John 0. Russell. This suit was brought by E. B. Whitmore to recover from appellant $10,000 compensatory damages, $400 special damages, and $10,000 punitory damages, for injuries to his person, alleged to have been caused on July 26, 1881, by the use of a defective engine operated by a careless engineer in the employ of appellant, and while plaintiff was also in its employ.
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Appeal from Webb. Tried below before the Hon. John 0. Russell. This suit was brought by E. B. Whitmore to recover from appellant $10,000 compensatory damages, $400 special damages, and $10,000 punitory damages, for injuries to his person, alleged to have been caused on July 26, 1881, by the use of a defective engine operated by a careless engineer in the employ of appellant, and while plaintiff was also in its employ. The petitioner alleged that appellee (with various others) was in. the employ of and at work for appellant as a carpenter in the construction of a railroad bridge; that…
1Opinion of the Court
Stayton, Associate Justice.
An examination of the several matters assigned as error in detail, in this opinion, will not be attempted. The assignments are very general in their character, hut have all been considered, and we are of the opinion that there was no error in. overruling the general and special exceptions to the petition; and we are further of the opinion that the charge, taken as a whole, in view of the uncontroverted facts in proof, was as favorable to the appellant as could have been given, and we will only consider such matters in this opinion as are necessary to the further…
2Cases cited4 opinions
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Houston & Texas Central Railway Co. v. DunhamTexas Supreme Court · 1878
- Kansas Pacific Railway Co. v. LittleSupreme Court of Kansas · 1877
3Cited by16 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Galveston, Harrisburg & San Antonio Railway Co. v. TempletonTexas Supreme Court · 1894
- Gulf, Colorado & Santa Fe Railway Co. v. KizziahTexas Supreme Court · 1893
- Galveston, Harrisburg & San Antonio Railway Co. v. FarmerTexas Supreme Court · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. WaldoTexas Supreme Court · 1930
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