Texas & Pacific Railway Co. v. Huber
Texas Supreme Court
Question certified from the Court of Civil Appeals for the Fourth District, in an appeal from Dallas County. Huber and others sued and recovered judgment against the railway company and the defendant appealed.
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Question certified from the Court of Civil Appeals for the Fourth District, in an appeal from Dallas County. Huber and others sued and recovered judgment against the railway company and the defendant appealed. Judgment was reversed and remanded in an opinion by Chief Justice James, who concurred in such disposition of the case, but dissented from the conclusion of the majority of the court on the question whether the trial court erred in refusing to dismiss the case upon showing of the proceeding of dismissal had in the United States Court. Thereupon that question is certified to the Supreme…
1Opinion of the Court
GAINES, Chief Justice.
This case comes to us upon a question certified by the chief justice of the Fourth Supreme" Judicial District. The statement and question as certified are as follows:
“The cause was filed originally on April 13, 1903, against the Texas & Pacific Bailway Company and B. J. Oliphant, its engineer, for damages' against both for alleged personal injuries to Lawrence Huber through the negligence of the engineer.
“In due time the defendants joined in a petition and bond in due form for removal of the cause to the Federal Court, the ground for re inoval being the fact that the…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of the United States · 1900
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Cochran v. Montgomery CountySupreme Court of the United States · 1905
3Cited by3 opinions
- Matter of DunnSupreme Court of the United States · 1909
- Texas & Pacific Railway Co. v. Eastin & KnoxTexas Supreme Court · 1907
- Texas & Pacific Railway Co. v. TuckerCourt of Appeals of Texas · 1907