Rapid Transit Railway Co. v. Smith
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. Smith sued the Rapid Transit Railway Company and recovered judgment which was affirmed on appeal. Appellant then obtained writ of error.
1Opinion of the Court
GAINES, Chief Justice.
The defendant in error- brought this suit to recover of plaintiff in error damages for personal injuries to his wife alleged to have been caused by the negligence of the company’s-servants. The defendant corporation, among, other things, pleaded, in answer to the petition, a release. To the answer the plaintiff, by a-supplemental petition, replied, in substance, that the release was obtained by fraud, in this, that at the time it was executed the agent of the company who procured the same promised that in consideration of its execution the company would give him…
2Cases cited2 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
3Cited by68 opinions
- Dallas Farm MacHinery Company v. ReavesTexas Supreme Court · 1957
- Edward Thompson Co. v. SawyersTexas Supreme Court · 1921
- Talley v. HowsleyTexas Supreme Court · 1943
- Talley v. HowsleyTexas Supreme Court · 1943
- King v. WiseTexas Commission of Appeals · 1926
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