Howe, Receiver v. St. Clair
Court of Appeals of Texas
Appeal from Angelina. Tried below before Hon. James T. Polley. 1. The eonrt erred in overruling defendant’s general demurrer to plaintiff’s original and first supplemental petitions, it appearing from said petitions that Howe, as such receiver, bad been discharged, and that defendant, the Houston East and West Texas Railway Company, was not liable for his acts or negligence as such to plaintiff.
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Appeal from Angelina. Tried below before Hon. James T. Polley. 1. The eonrt erred in overruling defendant’s general demurrer to plaintiff’s original and first supplemental petitions, it appearing from said petitions that Howe, as such receiver, bad been discharged, and that defendant, the Houston East and West Texas Railway Company, was not liable for his acts or negligence as such to plaintiff. A railroad company is not liable for damages such as personal injuries caused by a receiver while in possession and operation of its railroad. Ryan v. Hays, 62 Texas 42; Hicks v. Railway, 62 Texas,…
1Opinion of the Court
GABBETT, Chief Justice.
This action was brought by the appellee originally against M. G. Howe alone, as the receiver of the Houston East and West Texas Bailway Company, to recover damages for the death of appellee’s son, which was caused by injuries received by him while in the employ of said receiver in the operation of the line of railway belonging to said company, and to have an alleged statutory lien adjudged against the property in the hands of the receiver. The original petition was filed December 15, 1892. By a supplemental petition filed October 3, 1893, plaintiff averred, that since…
2Cases cited3 opinions
- Ryan v. HaysTexas Supreme Court · 1884
- Receivers v. Du BoseTexas Supreme Court · 1894
- Hicks v. I. & G. N. R'y Co.Texas Supreme Court · 1884
3Cited by3 opinions
- Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915
- Bammel v. Kirby, ReceiverCourt of Appeals of Texas · 1898
- Freeman v. W. B. Walker & SonsCourt of Appeals of Texas · 1915