Atchison, T. & S. F. Ry. Co. v. Berkshire
Court of Appeals of Texas
Appeal from District Court, El Paso County ; Ballard Coldwell, Judge. Petition by W. S. Berkshire for appointment as ancillary administrator and personal representative of the estate of Robert S. Her-rington, deceased. After appointment the Atchison, Topeka & Santa Fé Railway Company intervened, filing its protest. Prom a judgment of the district court which affirmed the action of the probate court in denying the protest, intervener appeals.
1Opinion of the CourtWadthadd, J.
The appellee, W. S. Berkshire, on January 29,1917, filed in the probate court of El Paso county, Tex., his application for appointment as ancillary administrator and personal representative of the estate of Robert S. Herrington, deceased, representing therein that Robert S. Herrington, on the 28th day of February, 1916, through the negligence of appellant, was killed at Santa Rita, N. M.; that he died intestate, and left a surviving wife and three minor children; that the estate has a suit and cause of action against the appellant by reason of the negligence causing the death of deceased;…
2Cases cited8 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Green v. RugelyTexas Supreme Court · 1859
- Cooper v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1906
- Rivera v. Atchison, T. & S. F. Ry. Co.Court of Appeals of Texas · 1912
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3Cited by5 opinions
- Lancaster Wallace v. SextonCourt of Appeals of Texas · 1922
- Robinson v. First Nat. BankCourt of Appeals for the Fifth Circuit · 1932
- St. Louis S. Ry. Co. of Texas v. Smitha, Admr.Texas Supreme Court · 1921
- Gallun v. Tax CommissionWisconsin Supreme Court · 1934
- Fowler v. RodenCourt of Appeals of Texas · 1934