Houston & T. C. R. R. Co. v. Shafer
Texas Supreme Court
Appeal from Eobertson. Tried below before the Hon. Spencer Ford. Suit brought by Shafer to recover damages for personal injuries received on the defendant’s railway in December, 1874, while a passenger from Bremond to Hearne, in Eobertson county. The defendant filed general and special demurrers, general denial, plea of contributory negligence and plea of not guilty.
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Appeal from Eobertson. Tried below before the Hon. Spencer Ford. Suit brought by Shafer to recover damages for personal injuries received on the defendant’s railway in December, 1874, while a passenger from Bremond to Hearne, in Eobertson county. The defendant filed general and special demurrers, general denial, plea of contributory negligence and plea of not guilty. Verdict and judgment was rendered for plaintiff for $1,500., Appellant assigned as error, among other things, the following: “The court erred in overruling the defendant’s demurrer and exceptions to the plaintiff’s amended…
1Opinion of the Court
Walker, Commissioner.
court did not err in overruling the defendant’s demurrer and exceptions to the plaintiff’s amended petition. The amended petition, which was filed before the adoption of the “rules” now in force, did not have the effect to withdraw the original petition, nor to suppress or supplant any of its allegations, except so far as the amendment effected that purpose by legal construction of the matter which it introduced, directly or impliedly varying the allegations of the original petition.
This cause has beenc £ advanced ” under the£ £ new rules;” the briefs of the counsel set…
2Cases cited6 opinions
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