Missouri Pac. Ry. Co. v. Sasse

• Decision Date: 03 May 1893
• Citation: 22 S.W. 187
• Parties: MISSOURI PAC. RY. CO. v. SASSE.
• Court: Texas Court of Appeals

22 S.W. 187

MISSOURI PAC. RY. CO. v. SASSE.

Court of Civil Appeals of Texas.

May 3, 1893.

Appeal from district court, Williamson county; W. M. Key, Judge.

Action by Amiel Sasse against the International & Great Northern Railroad Company and the Missouri Pacific Railway Company for damages for personal injuries. Trial before the court without a jury resulted in a judgment in favor of the International & Great Northern Railroad Company against plaintiff, and in favor of plaintiff against the Missouri Pacific Railway Company for $2,500. From this judgment the Missouri Pacific Railway Company appeals. Affirmed.

The other facts fully appear in the following statement by COLLARD, J.:

The statement of the nature and result of the suit made by appellant, and accepted by appellee, is as follows: Suit by Amiel Sasse against the International & Great Northern Railroad Company and the Missouri Pacific Railway Company, in the district court of Williamson county, seeking to recover damages for personal injuries alleged to have been inflicted upon him on the 29th day of January, 1886, through the negligence of the defendant companies, while in their employ as a laborer in the roundhouse at Taylor. The allegation is that he was injured by the falling of a door which had been negligently allowed to get out of repair. The International & Great Northern Railroad Company denied that it had any control over the roundhouse at the time of the accident, and plaintiff's counsel admitted that, at the time, the roundhouse was under the exclusive control of the Missouri Pacific Railway Company, as lessee, and that plaintiff was at such time an employe of that company. The Missouri Pacific Railway Company interposed to plaintiff's petition a general demurrer and general denial, and, specially answering, set up the defense of contributory negligence on plaintiff's part. Trial before the court without a jury, resulting in a judgment, based on conclusions of fact and of law found and stated by the court, in favor of the International & Great Northern Railroad Company against the plaintiff, and in favor of the plaintiff against the Missouri Pacific Railway Company for $2,500 and costs. The Missouri Pacific Railway Company has appealed.

The court filed conclusions of fact and law, (excepted to by appellant,) which are as follows:

Conclusions of fact: "(1) Defendant International and Great Northern Railroad Company is a corporation duly chartered under the laws of the state of Texas. Defendant Missouri Pacific Railway Company is also a corporation duly chartered under the laws of the state of Missouri. (2) That, at the time of the alleged injury to plaintiff, the defendant the I. & G. N. R. R. Co. and its codefendant owned the roundhouse in the town of Taylor, in Williamson county, Texas, located on the right of way of the track of the I. & G. N., but at said time said roundhouse was under the exclusive control, management, and operation of the defendant the Missouri Pacific Railway Company, a common carrier then operating a railroad into and through the aforesaid county of Williamson. (3) That long prior to the 25th day of January, 1886, and on said day, and subsequent thereto, one S. H. Spangler was the master mechanic in charge of said roundhouse for the Missouri Pacific Railway Company, having authority to employ and discharge men, and, prior to January 23, 1886, did employ the plaintiff to work and labor in and about said roundhouse in such manner as said Spangler might direct. (4) Said roundhouse had large, heavy doors, hung on rollers, as alleged in the 13th section of plaintiff's petition. (5) That, a few days prior to plaintiff's injury, one of said doors, and its rollers and attachments, got out of repair, as alleged in the 14th section of plaintiff's petition; that said defect and the extra hazard occasioned thereby were known to Spangler, and were not known to plaintiff. (6) That on the 27th of January, 1886, said...