Legal Opinion
Elliott v. City of Brownwood
Texas Supreme Court
Decided May 6, 1914No. 2335PublishedCited by 16 opinions
Certificate of dissent from the Court of Civil Appeals, Third District, in an appeal from Brown County. Mrs. Elliott and another sued the City of Brownwood for damages from the death of her husband. On demurrer defendant had judgment, which was affirmed on plaintiffs’ appeal. Hon. John M. Furman, sitting as Associate Justice in lieu of Mr. Justice Jenkins, who was disqualified, dissented, and the court certified the point of dissent to the Supreme Court.
1Opinion of the CourtChief Justice Bbown
The Court of Civil Appeals of the Third Supreme Judicial District has certified the following facts to this court:.
“In this case the plaintiffs seek to recover damages. from the defendant, the City of Brownwood, on account of the death of Otho S. Elliott, the husband of one and the father of the other plaintiff. They predicate their cause of action upon alleged negligence of the defendant in maintaining a certain street and bridge or culvert across the same. The trial court sustained a general demurrer to the plaintiffs’ petition. The latter appealed to this court and we affirmed the judgment…
2Cases cited2 opinions
- Fleming v. the Texas Loan AgencyTexas Supreme Court · 1894
- Ritz v. City of AustinCourt of Appeals of Texas · 1892
3Cited by16 opinions
- Moreno v. Sterling Drug, Inc.Texas Supreme Court · 1990
- City of Tyler v. Texas Employers' Ins. Ass'nTexas Commission of Appeals · 1926
- Robinson v. PacificorpWyoming Supreme Court · 2000
- Harris County Drainage Dist. No. 12 v. City of HoustonTexas Commission of Appeals · 1931
- Slate v. City of Ft. WorthCourt of Appeals of Texas · 1917
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