Freeman v. Huffman
Court of Appeals of Texas
Appeal from District Court, Milam County; J. C. Scott, Judge. Action by J. K. Huffman against Thomas J. Freeman, as receiver of the International & Great Northern Railway Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtJenkins, J.
A statement of this case will be found in Freeman v. Huffman, 130 S. W. 195. The facts upon the second trial of this case were substantially the same as upon the first trial. We held in our former opinion that appellee was guilty of contributory negligence as matter of law, but that the issue of discovered peril was raised by the evidence. These holdings are conclusive as to the assignments in this case upon these issues. Moore v. Chamberlain, 152 S. W. 195; Franklin v. Cassaday, 62 Tex. 418; Railway Co. v. Smith, 24 S. W. 670; Lowell v. Ball, Hutchings & Co., 58 Tex. 566. In Franklin v.…
2Cases cited4 opinions
- Frankland v. CassadayTexas Supreme Court · 1884
- Moore v. ChamberlainCourt of Appeals of Texas · 1912
- Lowell v. Ball, Hutchings & Co.Texas Supreme Court · 1883
- Freeman v. HuffmanCourt of Appeals of Texas · 1910
3Cited by4 opinions
- Maxcy v. NorsworthyCourt of Appeals of Texas · 1932
- Amsler v. CavittCourt of Appeals of Texas · 1925
- Amsler v. CavittCourt of Appeals of Texas · 1925
- Miller Link Lumber Co. v. ThompsonCourt of Appeals of Texas · 1919