Legal Opinion

Texas & Pacific Railway Co. v. Mugg

Supreme Court of the United States

Decided May 14, 1906No. 233PublishedCited by 240 opinions

ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. ' The railroad company, plaintiff in error in this record, appealed to the Court of Civil Appeals of the Second Supreme Judicial District of the State of Texas from a judgment which had been rendered in favor of- Mugg and Dryden, defendants in error herein.

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ERROR TO THE COURT OF CIVIL APPEALS FOR THE SECOND SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS. ' The railroad company, plaintiff in error in this record, appealed to the Court of Civil Appeals of the Second Supreme Judicial District of the State of Texas from a judgment which had been rendered in favor of- Mugg and Dryden, defendants in error herein. The appellate court certified to the Supreme Court of Texas the question of the liability of the railroad company, upon a statement of facts which correctly set forth the controversy, and which was as follows: “. . . The cause originated in…

1Opinion of the Court

Mr. Justice White,

after making the foregoing statement,-. delivered' the opinion of the court.

This case is within the principle of and is ruled by the decision in Railroad Co. v. Hefley, 158 U. S. 98. Upon the author-'ity of that case the Supreme Court of Alabama denied the liability of a railroad company in a case of similar character to that under review. Southern Ry. Co. v. Harrison, 119 Alabama, 539. The opinion of Chief Justice Brickell, so aptly reviewed and declared the effect of the decision in the Hejley case that we adopt the same in disposing of'the present controversy. The Alabama…

2Cases cited1 opinion

  1. Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895

3Cited by240 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Reiter v. CooperSupreme Court of the United States · 1993
  3. Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
  4. Maislin Industries, U. S., Inc. v. Primary Steel, Inc.Supreme Court of the United States · 1990
  5. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981

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