Legal Opinion

Hutchens v. St. Louis Southwestern Railway Co.

Court of Appeals of Texas

Decided July 1, 1905PublishedCited by 10 opinions

Appeal from the District Court of Collin. Tried below before Hon. J. M. Pearson.

1Opinion of the Court

BOOKHOUT, Associate Justice.

This suit was brought by appellant, Ola Hutchens, for herself and as next friend of her minor children, against the appellee railway company to recover damages for the negligent killing of her husband; John Hutchens, by the cars of appellee.

There was an answer by appellee consisting of general denial and plea of contributory negligence. When plaintiff closed her case the court, upon motion of defendant railway company, instructed the jury to find for defendant, which they did. Judgment was duly entered for defendant, and plaintiff perfected an appeal.

John Hutchens…

2Cases cited3 opinions

  1. Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
  2. McCray v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1896
  3. Washington v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897

3Cited by10 opinions

  1. Hunt v. GarrettCourt of Appeals of Texas · 1925
  2. San Angelo Water, Light & Power Co. v. BaughCourt of Appeals of Texas · 1925
  3. Schawe v. LeyendeckerCourt of Appeals of Texas · 1925
  4. Kelley v. Burlington-Rock Island R.Court of Appeals of Texas · 1936
  5. Galveston, H. & S. A. Ry. Co. v. FredCourt of Appeals of Texas · 1916

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