Wheeler v. Tyler Southeastern Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Smith County. Wheeler sued the railway company and the latter appealed from a judgment recovered against it for $16,000. The Court of Civil Appeals reversed the judgment, for error in admitting the evidence of Dr. Driskill as to statements made by plaintiff to him.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Smith County. Wheeler sued the railway company and the latter appealed from a judgment recovered against it for $16,000. The Court of Civil Appeals reversed the judgment, for error in admitting the evidence of Dr. Driskill as to statements made by plaintiff to him. Plaintiff Wheeler thereupon obtained writ of error on the ground: 1. That the decision overrules the decision of the Supreme Court in the following cases: Rodgers v. Crain, 30 Texas, 287; Newman v. Dodson, 61 Texas, 95; Railway v. Ayers, 83 Texas, 268;…
1Opinion of the Court
BROWN, Associate Justice.
This suit was brought by the appellee, plaintiff in error, against the Tyler Southeastern Railway Company, to recover damages for a personal injury received by the explosion of a boiler to a passenger locomotive owned and operated by the Railway Company. The only question presented on this application arises upon the action of the District Court in admitting the testimony of Dr. Driskill, which was at the time objected to and a bill of exceptions reserved.
That portion of the testimony objected to is as follows: “I believe that there are no other symptoms tfyat you…
2Cases cited7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HarriettTexas Supreme Court · 1891
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Texas & Pacific Railway Co. v. BarronTexas Supreme Court · 1890
- Hamilton v. RiceTexas Supreme Court · 1855
- Missouri, Kansas & Texas Railway Co. v. WarrenTexas Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Dallas Railway & Terminal Company v. GossettTexas Supreme Court · 1956
- Petroleum Casualty Co. v. GreenCourt of Appeals of Texas · 1928
- Shuffield v. TaylorTexas Supreme Court · 1935
- Tuohy v. Columbia Steel Co.Oregon Supreme Court · 1912
- Traders & General Ins. Co. v. RhodabargerCourt of Appeals of Texas · 1936
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