Legal Opinion

San Antonio & A. P. Ry. Co. v. Behne

Texas Commission of Appeals

Decided June 1, 1921No. 163-3159PublishedCited by 97 opinions

Error to Court of Civil Appeals of Third Supreme Judicial District., Action by Albert Behne and wife against the San Antonio & Aransas Pass Railway Company. Judgment for plaintiffs was affirmed by the Court of Civil Appeals (198 S. W. 680), and defendant brings error.

1Opinion of the CourtMcOLENDON, P. J.

This action was brought by Albert Behne and wife as plaintiffs, against the San Antonio & Aransas Pass Railway Company, as defendant, to recover for the death of their son Ed Behne, who was drowned by being thrown from a tree in which he had taken refuge from the flood waters of Elm creek; the tree having been struck and felled by a bridge of defendant company, which had been washed by the flood waters against the tree.

The cause was tried before a jury upon special issues, and upon the answers by the jury of all issues favorably to plaintiffs, judgment was rendered for the latter. This…

2Cases cited11 opinions

  1. Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
  2. Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
  3. Spokane & Inland Empire Railroad v. CampbellSupreme Court of the United States · 1916
  4. Waterman Lumber Co. v. BeattyTexas Supreme Court · 1920
  5. Gulf, Colorado & Santa Fe Railway Co. v. BennettTexas Supreme Court · 1920

6 more not listed; retrieve them via the Exa API.

3Cited by97 opinions

  1. Biggers v. Continental Bus System, Inc.Texas Supreme Court · 1957
  2. Mellon Mortgage Co. v. HolderTexas Supreme Court · 1999
  3. Commonwealth v. DavisTexas Supreme Court · 1942
  4. Carey v. Pure Distributing Corp.Texas Supreme Court · 1939
  5. City of Dallas v. MaxwellTexas Commission of Appeals · 1923

92 more not listed; retrieve them via the Exa API.

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