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Cassady v. M., K. T. Ry. Co. of Texas

Emma A. Cassady v. Missouri, Kansas Texas Railway Company of Texas.

Cassady v. M., K. T. Ry. Co. of Tex., 184 S.W. 180 (Tex. 1916)
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Court
Texas Supreme Court · State Highest Courts
Decided
March 29, 1916
Docket
No. Application No. 9380.
Judges
MR. CHIEF JUSTICE PHILLIPS delivered the opinion of the court.
Citations
184 S.W. 180108 Tex. 611916 Tex. LEXIS 49

Opinion of the Court

We deem it proper to say that we do not subscribe to the statement in the opinion of the honorable Court of Civil Appeals that it is a general holding of this court that the doctrine of res ipsa loquitur applies, as a rule, in cases of injury sustained by a servant in the services of a master. McCray v. Railway Co., 89 Tex. 168 , recognizes that in such cases the doctrine does not apply. We think the facts of the present case bring it within the rule, equally announced in McCray v. Railway Co., that the circumstances of a particular accident may themselves furnish proof of negligence; and it is for this reason that the writ of error is refused.

Writ of error refused. *Page 62

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11944: 21968: 119302026peak 1944 · 2

Relies on it most ⓘ

  1. Brigman v. Holt & Bowers32 S.W.2d 220 (Tex. App. 1930)
  2. Texas Sling Company v. Emanuel431 S.W.2d 538 (Tex. 1968)
  3. Texas & P. Ry. Co. v. Riley183 S.W.2d 991 (Tex. App. 1944)
  4. Roberts v. Texas & Pacific Railway Co.180 S.W.2d 330 (Tex. 1944)

Most recent

  1. Texas Sling Company v. Emanuel431 S.W.2d 538 (Tex. 1968)
  2. Texas & P. Ry. Co. v. Riley183 S.W.2d 991 (Tex. App. 1944)
  3. Roberts v. Texas & Pacific Railway Co.180 S.W.2d 330 (Tex. 1944)
  4. Brigman v. Holt & Bowers32 S.W.2d 220 (Tex. App. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McCray v. Galveston, Harrisburg & San Antonio Ry. Co., 34 S.W. 95 (Tex. 1896) 101

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