Legal Opinion

Jackson v. Galveston, Harrisburg & San Antonio Railway Co.

Texas Supreme Court

Decided February 1, 1897PublishedCited by 25 opinions

Certificate of dissent from Court of Civil Appeals, Fourth District, in an appeal from Bexar County. The pleading held sufficient is stated in the opinion.

1Opinion of the Court

DENMAN, Associate Justice.

In this case in the trial court a general demurrer was sustained to the petition and judgment rendered that plaintiff take nothing. On appeal the Court of Civil Appeals held that the first count in the petition stated no cause of action, and upon this question, all the judges having agreed, the correctness of its ruling is not before us.

But a majority of said court was of opinion that the second count of the petition stated a cause of action and that the general demurrer should have been overruled, for which reason it ordered that the judgment of the trial court be…

2Cases cited2 opinions

  1. International & Great Northern Railway Co. v. NeffTexas Supreme Court · 1894
  2. Cook v. ParhamSupreme Court of Alabama · 1853

3Cited by25 opinions

  1. Yarborough v. BernerTexas Supreme Court · 1971
  2. Goolsbee v. Texas & New Orleans RailroadTexas Supreme Court · 1951
  3. Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
  4. Union Transports, Inc. v. BraunCourt of Appeals of Texas · 1958
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HoffmanIndiana Court of Appeals · 1914

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