Legal Opinion

San Antonio & A. P. Ry. Co. v. Blair

Court of Appeals of Texas

Decided January 27, 1915No. 5317PublishedCited by 1 opinion

Appeal from District Court, Karnes County; F. G. Chambliss, Judge. Action by H. A. Blair against the San Antonio & Aransas Pass Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the Court

This is a suit for damages alleged by appellee to have accrued by reason of the negligence of appellant's porter in throwing a trunk upon appellee. The cause was tried with a jury, and resulted in a verdict and judgment in favor of appellee for $20,000.

The first assignment of error is overruled. The petition stated a cause of action, and was not open to attack by a general demurrer, however subject it may have been to being assailed by special demurrers. No railroad company is authorized to have trunks thrown by its porter on a switchman, or any one else, and the petition clearly stated that…

2Cases cited11 opinions

  1. Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
  2. Missouri, Kansas & Texas Railway Co. v. HendricksCourt of Appeals of Texas · 1908
  3. El Paso Southwestern Ry. Co. v. W.D. FothTexas Supreme Court · 1907
  4. El Paso & Southwestern Railroad v. FothCourt of Appeals of Texas · 1907
  5. East Line & Red River Railroad v. ScottTexas Supreme Court · 1888

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3Cited by1 opinion

  1. San Antonio & A. P. Ry. Co. v. BlairCourt of Appeals of Texas · 1916

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