Smith v. Houston & Texas Central Railway Co.
Texas Supreme Court
Motion for rehearing, of application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Limestone County. Suit by A. R. Smith against railway company to recover damages for death of her son. Plaintiff had verdict and judgment for $3000, and the company appealing, the case was reversed and remanded. Plaintiff’s petition for writ of error alleged that the ruling settled the case, for there was no further evidence that she could produce.
Read the full summary
Motion for rehearing, of application for writ of error to Court of Civil Appeals for Fifth District, in an appeal from Limestone County. Suit by A. R. Smith against railway company to recover damages for death of her son. Plaintiff had verdict and judgment for $3000, and the company appealing, the case was reversed and remanded. Plaintiff’s petition for writ of error alleged that the ruling settled the case, for there was no further evidence that she could produce. The petition being dismissed for want of jurisdiction, she filed this motion for a rehearing thereon.
1Opinion of the Court
GAINES, Chief Justice.
This suit was brought by the plaintiff in error to recover of the defendant company damages for injuries resulting in the death of her son, which were alleged to be caused by the defendant’s negligence. She recovered a judgment in the trial court. Upon appeal the Court of Civil Appeals reversed the judgment and remanded the cause for a new trial.
The plaintiff below, the appellee in the Court of Civil Appeals, applied to this court for a writ of error, and in order to give this court jurisdiction alleged and sought to show that the decision of the Court of Civil Appeals…
2Cases cited3 opinions
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Warren v. City of DenisonTexas Supreme Court · 1896
- Powell v. Texas & New Orleans RailroadTexas Supreme Court · 1896
3Cited by1 opinion
- Campbell v. TurleyCourt of Appeals of Texas · 1921