I. & G. N. R'y Co. v. Brett
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H 27oonan. Suit by Charles Brett, Jr., for damages aggregating §20,000, resulting from injuries alleged to have been sustained by defendant’s engine and train colliding with plaintiff’s wagon and team while crossing defendant’s railroad track in the suburbs of the city of San Antonio, on the 6th of May, 1882; §18,730 damages for personal injuries, and §1,270 incidental damages, were claimed, resulting from injuries to…
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Appeal from Bexar. Tried below before the Hon. Geo. H 27oonan. Suit by Charles Brett, Jr., for damages aggregating §20,000, resulting from injuries alleged to have been sustained by defendant’s engine and train colliding with plaintiff’s wagon and team while crossing defendant’s railroad track in the suburbs of the city of San Antonio, on the 6th of May, 1882; §18,730 damages for personal injuries, and §1,270 incidental damages, were claimed, resulting from injuries to property. The citation, in attempting to describe the nature of plaintiff’s demand., used these words: “ Suit for damages.”…
1Opinion of the Court
Stayton, Associate Justice.—
The motion to quash the citation in this cause for supposed defects therein was filed on the 9th of June, 1882, and neither that motion, nor the like motion tiled September 9, 1882, were called up and acted on until the loth day of March, 1883, at which time it was overruled.
Two terms of the district court for Bexar county, beginning on the first Mondays in September and December following the filing of the motion on June 9,1882, intervened before the motion was called up and acted upon.
Under this state of facts it is unnecessary to consider any question raised as…
2Cited by8 opinions
- York v. StateTexas Supreme Court · 1889
- Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888
- Foster Lumber Co. v. RodgersCourt of Appeals of Texas · 1910
- Wichita Valley Ry. Co. v. WilliamsCourt of Appeals of Texas · 1926
- Feibleman v. EdmondsTexas Supreme Court · 1887
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