Legal Opinion · Dissent

Galveston, Harrisburg & San Antonio Railway Co. v. State

Texas Supreme Court

Decided November 19, 1919No. 3113Published

Error to the Court of Civil Appeals for the First District, in an appeal from Fayette County. The State sued the Bailway Co. for statutory penalties and recovered judgment. On its affirmance on appeal by defendant (194 5. W., 462) it obtained writ of error.

1Dissent

Mr. Justice HAWKINS,

dissenting from a ruling per curiam overruling the motion, delivered the following opinion.

In considering the motion for a rehearing I have given to the record a more careful scrutiny, and to the question presented a more careful study, than they received, before, from me. As a result I am convinced that this court’s disposition of the cause, as set out in its opinion by Mr. Associate Justice Greenwood 216 S. W., 393), reversing and remanding, was erroneous. The error resulted, principally, from what I consider a misconstruction of the charge to the jury. That error is…

2Cases cited6 opinions

  1. San Antonio & Aransas Pass Ry. Co. v. RobinsonTexas Supreme Court · 1889
  2. Shifflet v. MorelleTexas Supreme Court · 1887
  3. Galveston, H. & S. A. Ry. Co. v. StateCourt of Appeals of Texas · 1917
  4. San Antonio Traction Co. v. CorleyCourt of Appeals of Texas · 1913
  5. Scharff v. Trinity & Brazos Valley Railway Co.Texas Supreme Court · 1917

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