SMITH v. TEXAS

No. 268.

233 U.S. 630 (1914)

SMITH v. STATE OF TEXAS.

Supreme Court of United States.

Decided May 11, 1914.


Attorney(s) appearing for the Case

Mr. Gardiner Lathrop, with whom Mr. Robert Dunlap was on the brief, for plaintiff in error.

Mr. B.F. Looney, Attorney General of the State of Texas, and Mr. Luther Nickels, for defendant in error, submitted.


MR. JUSTICE LAMAR delivered the opinion of the court.

W.W. Smith, the plaintiff in error, a man 47 years of age, had spent 21 years in the railroad business. He had never been a brakeman or a conductor, but for six years he served as fireman, for three years ran as extra engineer on a freight train, for eight years was engineer on a mixed train, hauling freight and passengers, and for four years had been engineer on a passenger...

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