Legal Opinion

Lopez v. Missouri, K. & T. Ry. Co.

Court of Appeals of Texas

Decided May 28, 1920No. 6416PublishedCited by 13 opinions

Appeal from District Court, Bexar County; R. B. Minor, Judge. Action by Tiburcia Lopez against the .Missouri, Kansas & Texas Railway Company of Texas and others. ' Judgment for defendants, and plaintiff appeals.

1Opinion of the CourtFlx, C. J.

Appellant, describing herself as Tiburcia Lopez Yda de Simon Garcia, instituted this suit for damages against the railway company and Charles E. Schaff, its receiver, to recover damages alleged to accrue to her on account of the negligent killing of Simon Garcia, alleged to have been her husband by a common-law marriage. The marriage was denied by appellees, and other defenses presented. The cause was submitted to a jury on five special issues, the first being:

“At the time of the death of Simon Garcia, was the plaintiff, Tiburcia Lopez de Garcia, his lawful wife?”

The jury was instructed that,…

2Cases cited6 opinions

  1. Nixon v. Wichita Land and Cattle Co.Texas Supreme Court · 1892
  2. Schaffer v. Estate of RichardsonCourt of Appeals of Maryland · 1915
  3. Estate Jones v. NealCourt of Appeals of Texas · 1906
  4. Summerhill v. DarrowTexas Supreme Court · 1900
  5. El Paso & Southwestern Railroad v. MurtleCourt of Appeals of Texas · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Texas Employers' Insurance Ass'n v. ElderTexas Supreme Court · 1955
  2. Nicholas Ex Rel Nicholas v. Idaho Power Co.Idaho Supreme Court · 1942
  3. Welch v. All PersonsMontana Supreme Court · 1927
  4. Woods v. Hardware Mut. Casualty Co.Court of Appeals of Texas · 1940
  5. Skinner v. VaughanCourt of Appeals of Texas · 1941

8 more not listed; retrieve them via the Exa API.

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