City of San Antonio v. Pfeiffer
Court of Appeals of Texas
Appeal from District Court, Bexar County; J. T. Sluder, Judge. Action by John Pfeiffer against the City of San Antonio. From a judgment for plaintiff,defendant appeals.
1Opinion
On Motion for Rehearing.
Appellant contends that the language of the charter provision is plain and unambiguous. In' order to arrive at this conclusion the words “damages of any kind” must be construed to mean damages, whether arising from breach of contract or tort of any kind, and the words “person injured” must be construed to mean person who has suffered damages. Although the language is subject to that construction it does not follow that it must be so construed, for if it is susceptible of a different construction not in derogation of common right, such latter construction must be given…
2Cases cited5 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Nichols v. City of MinneapolisSupreme Court of Minnesota · 1883
- Wiess v. GordonCourt of Appeals of Texas · 1919