Texas & Pacific R'y Co. v. McAllister
Texas Supreme Court
. Appeal from Harrison. Tried below before the Hon. A. J. Booty. ■ The following statement by appellee is adopted: A. F. McAllister instituted suit in the district court of Harrison county, Texas, on the 16th day of April, A. D. 1879, against the appellant, the Texas & Pacific Bailway Company, alleging that appellant was a corporation duly, created under the laws of Texas, with its main office in said city of Marshall, Texas; that on the 10th day of February, 1879, the said…
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. Appeal from Harrison. Tried below before the Hon. A. J. Booty. ■ The following statement by appellee is adopted: A. F. McAllister instituted suit in the district court of Harrison county, Texas, on the 16th day of April, A. D. 1879, against the appellant, the Texas & Pacific Bailway Company, alleging that appellant was a corporation duly, created under the laws of Texas, with its main office in said city of Marshall, Texas; that on the 10th day of February, 1879, the said appellant was engaged in operating a railway for transportation of freight and passengers, from the city of Shreveport,…
1Opinion of the Court
Willie, Chief Justice.—
This action was brought to recover
damages for injuries alleged to have been received by appellant whilst a passenger upon the cars of the Texas & Pacific Railway Company, caused by the unsound condition of the track oyer which said cars were being transported at the time, and the gross carelessness of the employees of the company.
The appellant pleaded a general demurrer, general denial, and specially that the road was in good condition, its employees skilful and competent, and that the accident was caused by the action of cold weather upon the iron rails, such as no…
2Cases cited21 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
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- Kern v. HuidekoperSupreme Court of the United States · 1881
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3Cited by27 opinions
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Lockett v. SchurenbergTexas Supreme Court · 1884
- Day v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1927
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Texas & P. R'y Co. v. KirkTexas Supreme Court · 1883
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