Texas Reports Volume 100

Texas Reports Volume 100

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...injured and the court erred in refusing to so instruct the jury. C. E. Sheppard, for appellee.--The jury was required to find that. the car was given "an unusual, quick and sudden push and shove forward toward plaintiff" and that he used "ordinary care" and "that it was not necessary or usual to so push said car in order to get the same on the track" before finding for plaintiff. In substance that is all that is asked in this special charge. BROWN, ASSOCIATE JUS'1'ICE.--This is a certified question from the Court of Civil Appeals of the Fifth Supreme Judicial District. The statement and questions are as follows: "In the above entitled cause the following issues of law arise, which this court deems it advisable to present to the Supreme Court of the State of Texas for adjudication. "Roland Brisco instituted this suit against the appellant railway company to recover damages on account of personal injuries alleged to have been received by him through the negligence of appellant's employes, while working as a section hand in assisting to remove a hand car from the tool house and place it on the track. The railway company plead the general issue, contributory negligence and assumed risk. Upon a trial verdict and judgment were rendered for appellee, and the railway company appeals. The appellee's theory of recovery was negligencc of employee in shoving the hand car with more force than usual which caused it to run upon and injure appellee, who was pulling it; while that of the railway company was that the car vas being moved in the usual manner and the appellee assumed the risk of its being so moved. "Plaintiff alleged 'that in obedience to said command of said...show more

Product details

  • Paperback | 384 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236775341
  • 9781236775344