Tex. & Pac. R'y Co. v. De Milley
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J. Booty. A. L. De Milley sued the Tex. & Pac. R’y Co. for personal injuries alleged to have been sustained while he was a passenger on its road on November 6, 1880. He charges that the injury was the result of the gross negligence of the company in permitting its road at the point of the accident to remain out of repair for the space of three months. The accident was caused by a broken rail.
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Appeal from Harrison. Tried below before the Hon. A. J. Booty. A. L. De Milley sued the Tex. & Pac. R’y Co. for personal injuries alleged to have been sustained while he was a passenger on its road on November 6, 1880. He charges that the injury was the result of the gross negligence of the company in permitting its road at the point of the accident to remain out of repair for the space of three months. The accident was caused by a broken rail. He claims that he was at the time a passenger, and that he received serious and permanent injuries by reason of that portion of the train upon which…
1Opinion of the Court
Stayton, Associate Justice.
The application for removal of this cause from the state to the federal court was based upon the act of July 27,1868, and it is not claimed that the right to recover existed under any other of the removal acts.
The application is in all material respects the same as in the case of The T. & P. R’y Co. v. McAllister, decided at the last Austin term of this court (59 Tex., 349). In that case it was held that the application for removal was insufficient, and we now see no reason to change the ruling or to doubt its correctness, and, without again giving the reasons for…
2Cases cited6 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Howard v. . DalyNew York Court of Appeals · 1875
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
- Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Burk Royalty Co. v. WallsTexas Supreme Court · 1981
- Allen v. BlandCourt of Appeals of Texas · 1914
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1891
- Taylor, Bastrop & Houston Railway Co. v. TaylorTexas Supreme Court · 1890
- Houston East & West Texas Railway Co. v. RichardsCourt of Appeals of Texas · 1899
5 more not listed; retrieve them via the Exa API.