Johnson v. Atlas Supply Co.
Court of Appeals of Texas
Appeal from District Court, Wichita County; E. W. Nicholson, Judge. Action by Homer Johnson, by his father and next friend, S. Johnson, against the Atlas Supply Company, a corporation. From a judgment dismissing the action on plaintiff’s refusal to amend after sustaining a demurrer to the petition, plaintiff appeals.
1Opinion of the CourtConner, C. J.
Appellant, Homer Johnson, a minor about 8 years old, by his father and next friend, S. Johnson, instituted this suit against the Atlas Supply Company, a corporation, to recover damages for personal injuries. The court sustained a general demurrer to the plaintiff’s, petition, and, the plaintiff having declined to amend, the suit was dismissed, and from the judgment of dismissal this appeal has been prosecuted.
Omitting formal allegations and first stating in a general way, it was alleged in the petition that the defendant corporation was engaged in the oil well supply business m Electra, Tex.,…
2Cases cited12 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Peters v. BowmanCalifornia Supreme Court · 1896
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- San Antonio & Aransas Pass Railway Co. v. MorganTexas Supreme Court · 1898
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3Cited by14 opinions
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- Texaco Country Club v. WadeCourt of Appeals of Texas · 1942
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