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

184 S.W. 180, 108 Tex. 61, 1916 Tex. LEXIS 49
CourtTexas Supreme Court
DecidedMarch 29, 1916
DocketApplication No. 9380.
StatusPublished
Cited by5 cases

This text of 184 S.W. 180 (Cassady v. M., K. T. Ry. Co. of Texas) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cassady v. M., K. T. Ry. Co. of Texas, 184 S.W. 180, 108 Tex. 61, 1916 Tex. LEXIS 49 (Tex. 1916).

Opinion

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

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Related

Texas Sling Company v. Emanuel
431 S.W.2d 538 (Texas Supreme Court, 1968)
Texas & P. Ry. Co. v. Riley
183 S.W.2d 991 (Court of Appeals of Texas, 1944)
Roberts v. Texas & Pacific Railway Co.
180 S.W.2d 330 (Texas Supreme Court, 1944)
Brigman v. Holt & Bowers
32 S.W.2d 220 (Court of Appeals of Texas, 1930)

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Bluebook (online)
184 S.W. 180, 108 Tex. 61, 1916 Tex. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cassady-v-m-k-t-ry-co-of-texas-tex-1916.