Legal Opinion

Texas & P. R'y Co. v. Kirk

Texas Supreme Court

Decided October 19, 1883No. Case No. 1781PublishedCited by 13 opinions

Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit brought in the district court of Harrison county by George Anna Kirk, a citizen of the state of Virginia, and Laura Kirk, on the 23d day of March, 1881, for damages, wrongs and injuries alleged to have been done them by reason of the death of William Garth Kirk, husband of Laura Kirk and son of George Anna Kirk. The plaintiffs alleged that Wm.

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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Suit brought in the district court of Harrison county by George Anna Kirk, a citizen of the state of Virginia, and Laura Kirk, on the 23d day of March, 1881, for damages, wrongs and injuries alleged to have been done them by reason of the death of William Garth Kirk, husband of Laura Kirk and son of George Anna Kirk. The plaintiffs alleged that Wm. Garth Kirk came to his death by reason of the negligence of appellant’s agents and servants. The petition averred that, on the 6th of November, 1880, Wm. Garth Kirk was traveling as a…

1Opinion of the Court

Stayton, Associate Justice.

The petition for the removal of this cause from the district court of this state to the United States circuit court is in all material respects the same as was the petition for removal in the case of Tex. & Pac. R’y Co. v. McAllister, decided at the last Austin term of this court. 59 Tex., 349.

In that case it was held that the petition for removal stated no sufficient grounds therefor.

In this case no authority or reason has been brought forward inducing us to doubt the correctness of the decision made in the case referred to, and without again giving the reasons set…

2Cases cited6 opinions

  1. Austin v. Gulf, Colorado, & Santa Fe RailroadTexas Supreme Court · 1876
  2. Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
  3. Texas & Pacific R'y Co. v. McAllisterTexas Supreme Court · 1883
  4. Clements v. HearneTexas Supreme Court · 1876
  5. Lumpkin v. MurrellTexas Supreme Court · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Galveston, Harrisburg & San Antonio Railway Co. v. TempletonTexas Supreme Court · 1894
  2. Gulf, Colorado & Santa Fe Railway Co. v. KizziahTexas Supreme Court · 1893
  3. Horne Zoological Arena Co. v. City of DallasCourt of Appeals of Texas · 1931
  4. Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
  5. Decatur Cotton Seed Oil Co. v. BelewCourt of Appeals of Texas · 1915

8 more not listed; retrieve them via the Exa API.

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