Fuchs v. Dallas Ry. & Terminal Co.
Court of Appeals of Texas
1DissentBarous, J.
I regret that I cannot agree with my brethren in the disposition of this case. Giving the pleadings the most liberal construction, as we are required to do as against a general demurrer, I think the demurrer was properly sustained. I do not think the pleadings allege any actionable negligence on the part of appellee, nor any proximate casual relation between the alleged acts of negligence on the part of appellee and the injury. Under the allegations in the petition, the two acts, to wit, the invitation or permission on the part of appellee’s motorman ■for appellant to alight from the street…
2Cases cited13 opinions
- Chesley v. Waterloo, Cedar Falls & Northern RailroadSupreme Court of Iowa · 1920
- Ruddy v. IngebretSupreme Court of Minnesota · 1925
- Jacobson v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
- Franklin v. Houston Electric Co.Court of Appeals of Texas · 1926
- Hammett v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1918
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