Houston & T. C. R. v. Diamond Press Brick Co.
Court of Appeals of Texas
Appeal from District Court, Ellis County; P. L. Hawkins, Judge. Action by the Houston & Texas Central Railroad. Company against the Diamond Press Brick Company. Judgment for defendant, and plaintiff appeals.
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Appeal from District Court, Ellis County; P. L. Hawkins, Judge. Action by the Houston & Texas Central Railroad. Company against the Diamond Press Brick Company. Judgment for defendant, and plaintiff appeals. April 5, 1910, appellant and appellee entered into a contract as follows: “This agreement, made and entered into by and between the Houston & Texas Central Railroad Company, hereinafter styled party of the first part, and Diamond Press Brick Company, a corporation having its principal office in the city of Perris, Ellis county, Texas, hereinafter styled party of the second part,…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). It appeared from the pleadings that the recovery sought by appellant was of a sum it had to pay Hamilton because of its negligence resulting in injury to his person. The correctness of the court’s ruling therefore may be said to depend upon the answers which should be- made to these questions: (1) Did it appear that appellee undertook by the contract declared upon to bind itself to indemnify appellant against liability for personal injury to a third person due. to..appellant’s own negligence? (2) If it did, then did it so bind itself, or was its undertaking…
2Cases cited4 opinions
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Mitchell v. Southern Railway Co.Court of Appeals of Kentucky · 1903
- Manhattan Ry. Co. v. CornellNew York Supreme Court · 1889
3Cited by5 opinions
- Southern Pacific Co. v. LaymanOregon Supreme Court · 1943
- Houston & T. C. R. v. Diamond Press Brick Co.Texas Commission of Appeals · 1920
- United States v. WallaceCourt of Appeals for the Ninth Circuit · 1927
- Wallace v. United StatesDistrict Court, W.D. Washington · 1926
- Houston & Texas Central Railroad v. Diamond Press Brick Co.Texas Supreme Court · 1920