Kansas City, M. & O. Ry. Co. of Texas v. Wells
Court of Appeals of Texas
Appeal from Foard County Court; F. W. Staton, Judge. Action by R. A. Wells against the Kansas City, Mexico & Orient Railway Company of Texas. There was a judgment for plaintiff in the justice court, and defendant appealed to the county court, and from a second judgment for plaintiff, defendant appeals.
1Opinion of the CourtHald, J.
Appellee filed this suit in the justice court of Foard county, claiming damages to his crops caused by the negligent acts of the defendant railway company in leaving his fences down during the construction of its roadbed through his farm, and in negligently causing the death of one mare belonging to appellee.
[1] A trial in the justice court resulted in a judgment for appellee in the sum of $150. On appeal to the county court appellant, by first amended original answer, excepted to plaintiff’s petition, upon the ground “that same is insufficient in law, for the reason that at the time of the…
2Cases cited9 opinions
- International & Great Northern Railway Co. v. RagsdaleTexas Supreme Court · 1886
- Tex. & Pac. R'y Co. v. HardinTexas Supreme Court · 1884
- Sullivan v. First Nat. Bank of FlatoniaCourt of Appeals of Texas · 1904
- St. Louis Southwestern Railway Co. v. HarkeyCourt of Appeals of Texas · 1905
- Howard v. MayherCourt of Appeals of Texas · 1905
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3Cited by4 opinions
- Carver Bros. v. MerrettCourt of Appeals of Texas · 1913
- Kansas City, M. & O. Ry. Co. of Texas v. StarrCourt of Appeals of Texas · 1917
- Palm v. TheumannCourt of Appeals of Texas · 1918
- Carver Bros. v. MerrettCourt of Appeals of Texas · 1913