Legal Opinion

Gulp, C. & S. F. Ry. Co. v. Hicks

Court of Appeals of Texas

Decided February 27, 1918No. 1286PublishedCited by 2 opinions

Appeal from District Court, Hunt County; Wm, Pierson, Judge. Action by W. E. Hicks and wife against the Gulf, Colorado & Santa Fé Railway Company. Judgment for plaintiffs, and defendant appeals.

1Opinion of the CourtHald, J.

This suit grows out of the death of appellees' son, who, while employed as a brakeman, was killed in the derailment of a freight train upon appellant’s line of road, in the month of September, 1911. This is the third appeal in this case. The first trial resulted in a judgment for $5,500, and the second for $7,000. A remittitur of $3,500 was required by the trial court and entered in the last trial. Upon both appeals the judgments were affirmed upon condition that appellees would remit all but $1,100. Upon appellees’ refusal to enter such remittitur, the judgments were reversed and remanded.

App…

2Cases cited4 opinions

  1. Texas Midland Railroad v. CrowderCourt of Appeals of Texas · 1901
  2. Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1903
  3. Galveston, Harrisburg & San Antonio Railway Co. v. DavisCourt of Appeals of Texas · 1893
  4. St. Louis Southwestern Railway Co. v. DallasCourt of Appeals of Texas · 1910

3Cited by2 opinions

  1. Borak v. BridgeCourt of Appeals of Texas · 1975
  2. Simpson v. VineyardCourt of Appeals of Texas · 1959

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