Hines v. Kelly
Hines v. Kelly
Opinion of the Court
The appellee sued the Director General, Walker D. Hines, and Pearl Wight, receiver of the Texas & Pacific Railway Company, for damages resulting from injuries received by him while an employe in the railway service. The injury was caused by á collision between a motorcar and a handcar on which the appellee was riding. He was caused to fall backward and sustain injuries to his shoulders, back, neck, and other portions of the body. Appellee recovered a judgment against the appellants for the sum of $5,000.
“It is therefore ordered that all suits against carriers while under federal control must be brought in the county or district where the plaintiff resided at the time of the accrual of the cause of action, or in the county or district where the cause of action arose.”
The court overruled the motion, and the case was tried upon its merits. No effort was made by the appellants to continue or postpone the trial, nor is theie anything in the record to indicate that all of the witnesses needed did not appear and testify. In the case of El Paso & S. W. Ry. Co. v. Lovick, 218 S. W. 489, our Supreme Court held that so much of the orders of the Director General as undertook to fix the venue of suits of this character was invalid. That decision supports the action of the trial court in overruling the motion to dismiss the case.
The judgment is affirmed.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.