Watson v. Texas & Pacific Railway Co.
Court of Appeals of Texas
Appeal from the District Court of Eastland. Tried below before Hon. T. H. Conner. 1. Where claims are such that, although they might be joined, they must be separately stated as separate causes of action, even though they arose at the same time or on the same contract, a judgment on one does'not bar an action on the other. 3 Willson’s C. C., secs. 346, 360, 432. 2. The true test is, whether the same cause of action was litigated • and adjudicated in the former action that is…
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Appeal from the District Court of Eastland. Tried below before Hon. T. H. Conner. 1. Where claims are such that, although they might be joined, they must be separately stated as separate causes of action, even though they arose at the same time or on the same contract, a judgment on one does'not bar an action on the other. 3 Willson’s C. C., secs. 346, 360, 432. 2. The true test is, whether the same cause of action was litigated • and adjudicated in the former action that is involved in the second suit. Pliillipowsld v. Spencer, 63 Texas, 604; Teal v. Terrell, 48 Texas, 491; Cook v. Burnley,…
1Opinion of the Court
TARLTON, Chiee Justice.
The record justifies the following statement of this case, taken from appellee’s brief:
“The appellant shipped a carload of horses from Ranger, Texas, to Texarkana, Texas, over appellee’s road, and on a written stock contract with it; appellant owned the horses shipped. By the terms of said contract for the shipment of the horses, appellant went with' them on a drover’s pass to care for them. At Fort Worth, the car in which the horses were confined was wrecked and the horses injured. Appel lant was in a caboose in the same train with the horses, and sues for injuries to…
2Cases cited3 opinions
- Guernsey v. CarverNew York Supreme Court · 1832
- Brannenburg v. Indianapolis, Pittsburgh, & Cleveland RailroadIndiana Supreme Court · 1859
- Fuller v. SparksTexas Supreme Court · 1873
3Cited by16 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- King v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Ochs v. Public Service Railway Co.Supreme Court of New Jersey · 1911
- Cormier v. Highway Trucking CompanyCourt of Appeals of Texas · 1958
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