Southern Pacific Co. v. Walters
Texas Supreme Court
Error to the Court of Civil Appeals for the Eighth District, in an appeal from El Paso County. Mrs. Walters sued the Southern Pacific Co., as administratrix of the estate of her husband, to recover damages for his death by defendant ’s negligence. She recovered judgment which was affirmed on defendant’s appeal, 157 S. W., 753. The company thereupon obtained writ of error.
1Opinion of the CourtChief Justice Phillips
The plaintiff in error as the appellant in the Court of Civil Appeals presented an assignment of error—the fifth in the brief—on the trial court’s refusal to give a special charge instructing a verdict in its behalf. While the error was complained of in the trial court in a motion for a new trial, the assignment contained no reference to the motion. For that reason the Court of Civil Appeals refused to consider the assignment, or any of the other assignments which also omitted any reference to the motion.
The case was tried and disposed of in the trial court when under the statute law the…
2Cases cited2 opinions
- Western Union Telegraph Co. v. MitchellTexas Supreme Court · 1896
- Missouri, Kansas & Texas Railway Co. v. BeasleyTexas Supreme Court · 1913
3Cited by10 opinions
- Greathouse v. Fort Worth & Denver City Ry. Co.Texas Commission of Appeals · 1933
- Imogene Driver v. Worth Construction Co.Texas Supreme Court · 1954
- Harris County v. James CharltonTexas Supreme Court · 1922
- Priddy v. ChildersTexas Commission of Appeals · 1922
- Hudson v. St. Louis Southwestern Ry. Co. of TexasTexas Commission of Appeals · 1927
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