Gulf, Colorado & Santa Fe Railway Co. v. Styron
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was an action for damages for personal injuries. On a Sunday afternoon in the month of Bovember, 1881, Millie Styron, a girl of twelve years and four months of age, in company with an elder and younger sister, went from the residence of her father, with whom she resided, to the turn-table of the defendant, situated in the suburbs of Oleburne, a town of about twenty-five hundred inhabitants, and giving the…
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Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was an action for damages for personal injuries. On a Sunday afternoon in the month of Bovember, 1881, Millie Styron, a girl of twelve years and four months of age, in company with an elder and younger sister, went from the residence of her father, with whom she resided, to the turn-table of the defendant, situated in the suburbs of Oleburne, a town of about twenty-five hundred inhabitants, and giving the table a push, sat down upon it, when her right foot was caught between the table in its revolution and the iron rails of the…
1Opinion of the Court
Stayton, Associate Justice.
The application for continuance was evidently insufficient. It did not show that any effort had been made to procure the evidence on which the application was based, *424though the cause had been pending from August 16, 1882, and was not reached for trial until November 28, following.
The pendency of a contest as to the sufficiency of the affidavit in lieu of a cost bond was no excuse for the failure to use the necessary means to procure the evidence, and besides, appellant knew that the appellee might comply with the rule for costs at any time by giving the proper-cost…
2Cases cited2 opinions
- Engelking v. Von WamelTexas Supreme Court · 1863
- Moore v. MinervaTexas Supreme Court · 1856
3Cited by44 opinions
- Sax v. VottelerTexas Supreme Court · 1983
- Houston Transit Co. v. FelderTexas Supreme Court · 1948
- Mexican Central Railway Co. v. EckmanSupreme Court of the United States · 1903
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
- Henderson v. Shell Oil Co., Inc.Texas Supreme Court · 1944
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