Galveston, Harrisburg & San Antonio Railroad v. Le Gierse
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. June 11, 1877, in the District Court of Colorado county, Cecile Le Gierse, surviving wife of Louis Le Gierse, deceased, having qualified as survivor, and the mother of two minor children, the issue of' her marriage with the deceased, sued the Galveston, Harrisburg and San Antonio Bailroad Company for damages, for causing the death of said Louis Le Gierse "while, as a passenger, he was attempting to get aboard…
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. June 11, 1877, in the District Court of Colorado county, Cecile Le Gierse, surviving wife of Louis Le Gierse, deceased, having qualified as survivor, and the mother of two minor children, the issue of' her marriage with the deceased, sued the Galveston, Harrisburg and San Antonio Bailroad Company for damages, for causing the death of said Louis Le Gierse "while, as a passenger, he was attempting to get aboard the train of defendant at Borden, a station in said county. It was charged that the train was checked in speed,…
1Opinion of the Court
Bonner, Associate Justice.
In the disposition of this case we will consider only such of the alleged errors assigned as in our opinion present the material points raised by the record.
I. The first and seventh errors assigned present the validity of the verdict and judgment in favor of Mrs. Cecile Le Gierse alone, when it is apparent upon the record that there were two minor children of the deceased, Louis Le Gierse, whose rights were not adjudicated.
The case of Baker v. Bolton, 1 Camp., (Eng.,) 493, (1808,) is generally cited in support, of the common-law doctrine, “that in a civil court the…
2Cases cited6 opinions
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- March v. WalkerTexas Supreme Court · 1877
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
- Houston & Texas Central R. W. Co. v. BradleyTexas Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- International-Great Northern R. v. CaseyTexas Commission of Appeals · 1932
- Farmers' & Mechanics' National Bank v. HanksTexas Supreme Court · 1911
- Galveston v. KutacTexas Supreme Court · 1889
- Greathouse v. Fort Worth & Denver City Ry. Co.Texas Commission of Appeals · 1933
71 more not listed; retrieve them via the Exa API.