(Download) "Addison Goolsbee v. Texas & New Orleans Railroad Company" by The Supreme Court of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Addison Goolsbee v. Texas & New Orleans Railroad Company
- Author : The Supreme Court of Texas
- Release Date : January 17, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Petitioner, Addison Goolsbee, a fireman on a locomotive, was awarded damages for personal injuries sustained by him when he leaped from the window of his cab. His apprehension of peril which caused him to leap was brought about by his observation of the behavior of the engineer with whom he worked, rather than by his observation of the negligent acts of respondents employees. Upon the verdict of the jury in answer to many special issues, judgment was rendered for petitioner. That judgment was reversed by the Court of Civil Appeals and judgment rendered that petitioner take nothing. Texas & N.O.R. Co. v. Goolsbee, 228 S.W.2d 280. Its opinion was grounded on the conclusion that, as a matter of law, petitioners injuries resulted from an intervening agency for which respondent was not responsible, or stated differently, that the negligence of respondents employees was not the proximate cause of petitioners injuries. The case was brought here by writ of error and the judgment of the Court of Civil Appeals was reversed by this court upon our holding that a jury question was presented on the issue of proximate cause, which had been resolved in favor of petitioner in the trial court. Since there were assignments presented in the Court of Civil Appeals which were not considered by it, some of which raised questions not within the jurisdiction of this court, we remanded the case to that court for further consideration.149 Texas 445, 234 S.W.2d 407.