Legal Opinion

Wood & Kinkaid v. Gulf, Colorado & Santa Fe Railway Co.

Court of Appeals of Texas

Decided January 23, 1897PublishedCited by 33 opinions

Error from Fannin. Tried below before W. A. Evans, Esq., Special Judge. On the question of the assignment of plaintiffs’ claim for damages against defendant for the destruction of said cotton the following is all the material evidence: Witness Platt testified that Gatlin & Platt, attorneys of said insurance company, and representing it in settling the insurance money paid by it on the loss of said cotton, had no correspondence of any kind with any party regarding this claim,…

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Error from Fannin. Tried below before W. A. Evans, Esq., Special Judge. On the question of the assignment of plaintiffs’ claim for damages against defendant for the destruction of said cotton the following is all the material evidence: Witness Platt testified that Gatlin & Platt, attorneys of said insurance company, and representing it in settling the insurance money paid by it on the loss of said cotton, had no correspondence of any kind with any party regarding this claim, except the correspondence referred to in his answers given in his deposition. The correspondence bearing on the…

1Opinion of the Court

RAINEY, Associate Justice.

Opinion.—Plaintiffs in error brought this suit to recover of defendant in error damages alleged to have been caused from the burning of cotton negligently set on fire from sparks emitted from defendant’s locomotive engine, said cotton being placed on defendant’s platform for shipment.

Defendant answered by (1) general denial; (2) plea of contributory negligence on the part of plaintiffs in placing their cotton on said platform where it was exposed to fire from passing engines, leaving it for a number of days on said platform uncovered and thereby exposing it to be…

2Cases cited10 opinions

  1. Ricker, Lee & Co. v. ShoemakerTexas Supreme Court · 1891
  2. Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
  3. Texas & Pacific Railway Co. v. McCoyTexas Supreme Court · 1896
  4. Martin, Wise & Fitzhugh v. Texas & Pacific Railway Co.Texas Supreme Court · 1894
  5. Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Boyattia v. Hinojosa, Texas Court of Appeals, 5th District (Dallas)2000
  2. Buie v. CouchCourt of Appeals of Texas · 1939
  3. State v. GardnerOregon Supreme Court · 1962
  4. Austin v. ProctorCourt of Appeals of Texas · 1927
  5. Ferguson v. Estes AlexanderCourt of Appeals of Texas · 1919

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