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Mrs. Ewing and her minor daughter, Katherine, recovered $24,500 in damages from a railroad company for the death of E. S. Ewing, who was killed by a passenger train in Navasota on August 23, 1929. The railroad company appealed, arguing there was no affirmative proof of causal connection between its negligence and Ewing's death, and citing errors in testimony admission, jury instructions, and juror misconduct. The appellate court affirmed that an issue of fact regarding negligence and proximate cause was raised, properly denying a peremptory instruction. However, the court found prejudicial errors in the jury instructions concerning the railroad's absolute duty of care and the general submission of contributory negligence issues. Additionally, juror misconduct regarding extraneous matters was found to be prejudicial, leading to the reversal and remand of the judgment for a new trial.
Texas & N. O. R. v. Ewing is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Mrs. Ewing and her minor daughter, Katherine, recovered $24,500 in damages from a railroad company for the death of E. S. Ewing, who was killed by a passenger train in Navasota on August 23, 1929. The railroad company appealed, arguing there was no affirmative proof of causal connection between its negligence and Ewing's death, and citing errors in testimony admission, jury instructions, and juror misconduct. The appellate court affirmed that an issue of fact regarding negligence and proximate cause was raised, properly denying a peremptory instruction. However, the court found prejudicial errors in the jury instructions concerning the railroad's absolute duty of care and the general submission of contributory negligence issues. Additionally, juror misconduct regarding extraneous matters was found to be prejudicial, leading to the reversal and remand of the judgment for a new trial.
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