Legal Opinion

San Antonio & Aransas Pass Railway Co. v. McMillan

Texas Supreme Court

Decided May 15, 1907No. 1697PublishedCited by 49 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Colorado County. Mrs. McMillan sued the railway company for the death of her husband and recovered a judgment. Defendant appealed, and on affirmance obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

Ada McMillan instituted this suit in the District Court of Colorado County to recover of the San Antonio & Aransas Pass Bailway Company damages for the death of her husband J. A. McMillan, who was so injured that he died by a train on the defendant’s track in Colorado County near to a station called Chester. Upon the trial the jury rendered a verdict in favor of Mrs. McMillan for $3,500 and judgment was entered by the trial court for that sum. Upon appeal the Court of Civil Appeals affirmed the judgment.

With other issues the trial court submitted to the jury the issue…

2Cases cited5 opinions

  1. Texas & Pacific Railway Co. v. BreadowTexas Supreme Court · 1896
  2. Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
  3. Texas & Pacific Railway Co. v. StaggsTexas Supreme Court · 1897
  4. Tucker's Adm'r v. Norfolk & Western RailroadSupreme Court of Virginia · 1896
  5. Artusy v. Missouri Pacific Railway Co.Texas Supreme Court · 1889

3Cited by49 opinions

  1. Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
  2. Texas & N. O. Ry. Co. v. AdamsCourt of Appeals of Texas · 1930
  3. Texas & N. O. Ry. Co. v. WagnerCourt of Appeals of Texas · 1923
  4. San Antonio Traction Co. v. KelleherCourt of Appeals of Texas · 1908
  5. Texas Pacific Coal & Oil Co. v. WellsCourt of Appeals of Texas · 1941

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