Legal Opinion · Dissent

Sullivan-Sanford Lumber Co. v. Cooper

Texas Supreme Court

Decided January 24, 1912No. 2180Published

Error to the Court of Civil Appeals, Sixth District, in an appeal from Morris County. Mrs. Cooper and others sued the Lumber Company and had judgment, which was affirmed on defendant’s appeal (59 Texas Civ. App., 536). Appellant obtained writ of error.

1DissentJustice Ramsey

The facts of the case are clearly and fairly stated in the opinion of the majority of the court and need not be here re-stated except as incidentally necessary to a proper understanding of my views.

It is conceded that under the statute appellant is not liable unless it comes clearly within subdivision 2 of Article 3017 of our Revised Statutes, and unless it was negligent in respect to some matter or thing which it was itself, by its charter obligations, committed to perform. Every corporation, as I believe, doing business in this State is responsible for damages resulting in death where its…

2Cases cited4 opinions

  1. Fleming v. the Texas Loan AgencyTexas Supreme Court · 1894
  2. Donnelly v. Booth Bros.Supreme Judicial Court of Maine · 1897
  3. Rigdon v. Temple Water Works Co.Court of Appeals of Texas · 1895
  4. Stewart v. New York, O. & W. R. Co.New York Supreme Court · 1889

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