Roscoe, S. & P. Ry. Co. v. Jackson
| Decision Date | 09 April 1910 |
| Citation | 127 S.W. 872 |
| Parties | ROSCOE, S. & P. RY. CO. v. JACKSON. |
| Court | Texas Court of Appeals |
Appeal from District Court, Scurry County; Cullen C. Higgins, Judge.
Action by W. H. Jackson against the Roscoe, Snyder & Pacific Railway Company. Judgment for plaintiff. Defendant appeals. Affirmed.
Arthur Yonge, for appellant. Smith, Hutcheson & Taylor, for appellee.
W. H. Jackson, an employé of the Snyder Cotton Oil Mill, while engaged in unloading a car of cotton seed standing on a spur track of the Roscoe, Snyder & Pacific Railway Company located near the mill, and while he was on the inside of the car, the car was struck by another car loaded with coal which had been "kicked" upon the track by a train operated at the time by employes of the railway company. The collision caused Jackson to fall, and just as he was recovering himself from this fall the seed car, which had been put in motion by reason of the blow from the other car, collided with a bumping post at the end of the spur track, and this collision caused him again to be thrown to the floor of the car. He sued the railway company to recover damages for personal injuries which he alleged he sustained by reason of the two falls above mentioned, and further alleged that the company was guilty of negligence in shoving the coal car in such manner as to cause it to collide with the other car, and from a judgment in his favor for $1,500 the railway company has appealed.
Appellant complains that its general demurrer to plaintiff's petition should have been sustained because the petition did not contain specific allegations of the manner and extent of his injuries. In the petition plaintiff alleged that "his right cheek was cut open, bruised, and injured, and the right side of his head was bruised and injured so greatly that the nerves, muscles, and other portions of his right eye were so injured that the sight of said eye has been greatly impaired and practically destroyed; that two ribs of his right side were broken, and he was so injured about his right hip, right arm, and right shoulder, and in and about his side spine and internal organs, that he was caused to suffer great physical pain and mental anguish and rendered unfit to follow his usual avocation and permanently injured." Clearly the allegations of injuries were sufficient as against a general demurrer.
Over appellant's objection, H. G. Towle, an expert optician, testified that he had never examined plaintiff's eyes...
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Schiller v. Rice
...has been too long, too often, and too lately held by our courts to permit of re-examination at this time. Roscoe, S. & P. Ry. Co. v. Jackson, 60 Tex.Civ.App. 276, 127 S.W. 872 (no writ history); City of Weatherford Water, Light & Ice Co. v. Veit, Tex.Civ.App., 196 S.W. 986 (writ dism.); San......
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...v. I. Gevurtz & Son, 72 Or. 12, 143 P. 654, 922; Mitchell v. Barton & Co., 126 Wash. 232, 217 P. 993; Roscoe S. & P. Ry. Co. v. Jackson, 60 Tex. Civ. App. 276, 127 S. W. 872; San Angelo Water, Light & Power Co. v. Baugh (Tex. Civ. App.) 270 S. W. 1101; Biskup v. Hoffman, 220 Mo. App. 542, 2......
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...between a master and his servant. Absent the relation of master and servant, the doctrine has no application. Roscoe, etc., Ry. Co. v. Jackson, 60 Tex. Civ. App. 276, 127 S. W. 872; San Angelo Water Co. v. Baugh (Tex. Civ. App.) 270 S. W. 1101, and authorities there cited; T. P. Coal & Oil ......
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