St. Louis, S. F. & T. Ry. Co. v. Seale

CourtCourt of Appeals of Texas
Writing for the CourtRainey
Citation148 S.W. 1099
Decision Date15 June 1912
PartiesST. LOUIS, S. F. & T. RY. CO. v. SEALE et al.

Page 1099

148 S.W. 1099
ST. LOUIS, S. F. & T. RY. CO.
v.
SEALE et al.
Court of Civil Appeals of Texas. Dallas.
June 15, 1912.
On Rehearing, June 22, 1912.

Appeal from District Court, Grayson County; B. L. Jones, Judge.

Action by Maude Seale and others against the St. Louis, San Francisco & Texas Railway Company. From a judgment for plaintiffs, defendant appeals. Affirmed.

Andrews, Ball & Streetman, of Ft. Worth, and Head, Smith, Hare & Head, of Sherman, for appellant. Wolfe, Maxey, Wood & Haven, of Sherman, for appellees.

RAINEY, C. J.


Appellees sued the appellant to recover damages for the negligent killing of Memory T. Seale, who was the son of T. H. and J. E. Seale, and the husband of Maude Seale. A trial was had and a verdict and judgment were rendered for plaintiffs, and defendant appeals.

Appellant complains of the action of the court in overruling its second and third special exceptions to plaintiffs' petition, on the ground that said petition did not show that at the time of the accident whether or not defendant was engaged in interstate commerce, and whether or not deceased was engaged in handling said commerce.

The proposition submitted by appellant under said assignment is: "If defendant was engaging in the transportation of interstate commerce, and deceased was in its employ in connection therewith at the time he was injured, the cause of action and defendant's liability would be governed by and founded upon the act of Congress passed April 22, 1908, entitled `An act relating to the liability of common carriers by railroads to their employés in certain cases,' while, if defendant was not so engaged, the rights of the parties would be governed by and founded upon the death and assumption of risk statutes and other laws of the state of Texas. These laws being different, the defendant, by special exception, had the right to require plaintiffs to allege in their petition such facts as would enable it to determine which of these laws applied." We do not think the court erred in overruling the exceptions as stated. The action was brought under the state law and the petition stated a good cause of action, and was not subject to the exceptions presented. This precise question was passed upon by this court in the case of Railway Co. v. Neaves, 127 S. W. 1090, and a writ of error was denied by our Supreme Court; the holding in said case being contrary to appellant's contention.

The evidence shows that at the time Memory T. Seale was killed he was in the employ of appellant in the capacity of yard clerk in the yards in North Sherman, Grayson county, Tex. While in the discharge of his duties as such clerk he was struck and killed by appellant's servants in the negligent operation of an engine. The court did not err in charging the jury that deceased had just gone to work as yard clerk for appellant. The evidence shows he was killed at night when he had been at work for the first time in that capacity about...

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9 practice notes
  • Brown v. Western Railway of Alabama, No. 43
    • United States
    • United States Supreme Court
    • November 21, 1949
    ...Louis, S.F. & T.R. Co. v. Seale, 229 U.S. 156, 157, 33 S.Ct. 651, 652, 57 L.Ed. 1129, Ann.Cas.1914C, 156; and see same case Tex.Civ.App., 148 S.W. 1099; Toledo, St. L. & W.R. Co. v. Slavin, 236 U.S. 454, 457—458, 35 S.Ct. 306, 307, 59 L.Ed. 671; and see same case 88 Ohio St. 536, 106 N.E. 1......
  • Kruger v. State, No. 60696
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • October 28, 1981
    ...as a defense." A "chaste woman" meant an unmarried woman who "has had no carnal knowledge of men," New v. State, 141 Tex.Cr.R. 536, 148 S.W. 1099, 1101 (1941), one approval of the definition being Norman v. State, 89 Tex.Cr.R. 330, 230 S.W. 991 (1921). And Norman, in turn, explains, "The st......
  • Eastern Ry. Co. of New Mexico v. Ellis
    • United States
    • Court of Appeals of Texas
    • November 2, 1912
    ...especially cited, among other decisions, to the opinion of the Court of Civil Appeals, in the case of S. L. & S. F. & T. Ry. v. Seale, 148 S. W. 1099, and the opinion of the United States Circuit Court of Appeals, in the case of M., K. & T. Ry. Co. v. Wulf, 192 Fed. 919, 113 C. C. A. 665. B......
  • Fleming Oil Co. v. Watts, No. 6197.
    • United States
    • Court of Appeals of Texas
    • March 21, 1946
    ...appellees were the only beneficiaries of their deceased children, and as stated in St. Louis, S.F. & T. R. Co. v. Seale, Tex.Civ.App., 148 S.W. 1099, 1100, writ "The fact that the suit was not brought in the name of some administrator or executor of the estate of Memory T. Seale, deceased, ......
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9 cases
  • Brown v. Western Railway of Alabama, No. 43
    • United States
    • United States Supreme Court
    • November 21, 1949
    ...Louis, S.F. & T.R. Co. v. Seale, 229 U.S. 156, 157, 33 S.Ct. 651, 652, 57 L.Ed. 1129, Ann.Cas.1914C, 156; and see same case Tex.Civ.App., 148 S.W. 1099; Toledo, St. L. & W.R. Co. v. Slavin, 236 U.S. 454, 457—458, 35 S.Ct. 306, 307, 59 L.Ed. 671; and see same case 88 Ohio St. 536, 106 N.E. 1......
  • Kruger v. State, No. 60696
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • October 28, 1981
    ...as a defense." A "chaste woman" meant an unmarried woman who "has had no carnal knowledge of men," New v. State, 141 Tex.Cr.R. 536, 148 S.W. 1099, 1101 (1941), one approval of the definition being Norman v. State, 89 Tex.Cr.R. 330, 230 S.W. 991 (1921). And Norman, in turn, explains, "The st......
  • Eastern Ry. Co. of New Mexico v. Ellis
    • United States
    • Court of Appeals of Texas
    • November 2, 1912
    ...especially cited, among other decisions, to the opinion of the Court of Civil Appeals, in the case of S. L. & S. F. & T. Ry. v. Seale, 148 S. W. 1099, and the opinion of the United States Circuit Court of Appeals, in the case of M., K. & T. Ry. Co. v. Wulf, 192 Fed. 919, 113 C. C. A. 665. B......
  • Fleming Oil Co. v. Watts, No. 6197.
    • United States
    • Court of Appeals of Texas
    • March 21, 1946
    ...appellees were the only beneficiaries of their deceased children, and as stated in St. Louis, S.F. & T. R. Co. v. Seale, Tex.Civ.App., 148 S.W. 1099, 1100, writ "The fact that the suit was not brought in the name of some administrator or executor of the estate of Memory T. Seale, deceased, ......
  • Request a trial to view additional results

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