Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Avis

Texas Supreme Court

Decided May 16, 1906No. 1550PublishedCited by 4 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Wichita County. Avis sued the railway company and had judgment. Défendant appealed and on affirmance obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by J. D. Avis, as next friend in behalf of his minor son, J. D. Avis, Jr., to recover of ¡the defendant corporations damages for injuries inflicted upon him while a passenger on a livestock train of the defendant, the Missouri, Kansas & Texas Railway Company, traveling upon a drover’s pass.

The following is the case made by the pleadings and the evidence. J. D. Avis, the father, shipped certain cattle from Wichita Falls, Texas, to St. Louis, Missouri, over the lines of the defendant companies. As a part of the contract of shipment it was agreed that…

2Cited by4 opinions

  1. Northern Texas Traction Co. v. SmithCourt of Appeals of Texas · 1920
  2. United States Fidelity & Guaranty Co. v. WeirCourt of Appeals of Texas · 1926
  3. Loyd v. HerringtonCourt of Appeals of Texas · 1944
  4. Wilson v. BurchCourt of Appeals of Texas · 1913

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