Legal Opinion

Texas & Pacific Railway v. Webb

Texas Supreme Court

Decided December 23, 1908No. 1888PublishedCited by 32 opinions

Error to the Court of Civil Appeals for the.Second District, in an appeal from Eastland County. , ■ ■ " Webb sued the railway company and recovered judgment which was affirmed on defendant’s appeal. The company then obtained writ of error.

1Opinion of the CourtJustice Williams

A horse of defendant in error entered the right of way of the plaintiff in error and received injuries, it is claimed, by being struck by its engine or cars in a precinct in. Eastland County where the provisions of the Act of 1899 (Laws 26th Leg., 220), as amended by the Act of 1903 (Laws 28th Leg., 97), and further amended by the Act of 1905 (Laws 29th Leg., 226), had been put ih force, prohibiting the running at large of horses, etc. The right of way was fenced and the fence was in good condition except that a gate in it had been left open. Why the gate was kept there is not shown except…

2Cases cited4 opinions

  1. City of Austin v. NalleTexas Supreme Court · 1893
  2. Missouri, Kansas & Texas Railway Co. v. TolbertTexas Supreme Court · 1907
  3. City of Oak Cliff v. State Ex Rel. GillTexas Supreme Court · 1904
  4. Texas Central Railway Co. v. PruittTexas Supreme Court · 1908

3Cited by32 opinions

  1. Brown v. ToddTexas Supreme Court · 2001
  2. Underwriters v. Kirby Lumber Co.Texas Commission of Appeals · 1924
  3. Beck v. SheppardTexas Supreme Court · 1978
  4. Fort Worth & D. C. Ry. Co. v. WelchCourt of Appeals of Texas · 1944
  5. Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933

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