Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Eyer

Texas Supreme Court

Decided December 1, 1902No. 1151PublishedCited by 59 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Grace Byer recovered judgment against the railway company, from which it appealed and on affirmance obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by Grace Eyer, who was joined by her husband, to recover of the Missouri, Kansas & Texas Eailway Company of Texas damages for the death of her father, which was alleged to have been caused by the negligence of the servants of the defendant company. She recovered a judgment, • which was affirmed by the Court of Civil Appeals.

The deceased was run over and killed by a train of the company. The plaintiff pleaded that the accident was caused by the negligence of the servants of the defendant, without contributory negligence on the part of the deceased;…

2Cases cited1 opinion

  1. International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895

3Cited by59 opinions

  1. Prystash v. StateCourt of Criminal Appeals of Texas · 1999
  2. Northern Texas Traction Co. v. WeedTexas Commission of Appeals · 1927
  3. Horton v. SuthersSupreme Court of Colorado · 2002
  4. Hewitt v. BuchananCourt of Appeals of Texas · 1927
  5. Federal Royalty Co. v. StateTexas Supreme Court · 1936

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