Legal Opinion · Dissent
Marshall & East Texas Railway Co. v. Petty
Texas Supreme Court
Decided November 17, 1915No. 2436Published
Error to the Court, of Civil Appeals for the Sixth District, in an appeal from Harrison County. Petty sued j;he railway company and recovered judgment. This was affirmed on appeal by defendant, who thereupon obtained writ of error.
1DissentJustice Hawkins
delivered the following dissenting opinion:
The application for a writ of error in this cause presents only two assignments of error, which are as follows:
First: “The Court of Civil Appeals erred in holding that the District Court was correct in refusing to suppress the second deposition of J. M. Petty.”
Second: “The Court of Civil Appeals erred in holding that the District Court was correct in refusing the following charge:
“ “The jury are charged that J. M. Petty approached the bridge on horseback, he saw the bridge in a general way. Now if Petty saw the bridge and saw how high it was before…
2Cases cited33 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Cartwright v. CanodeTexas Supreme Court · 1914
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1898
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Gulf, Colorado & Santa Fe Railway Co. v. GasscampTexas Supreme Court · 1888
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