Berry v. T. & N. O. R'y
Texas Supreme Court
Error from. Orange. Tried below before the Hon. W. H. Ford. This suit was brought against the defendant railway company to recover damages for the killing of Clarence B. Berry, the husband and father of the plaintiffs, caused by the alleged negligence of the servants of the company. The circumstances under which the plaintiffs were denied a jury are sufficiently detailed in the opinion.
1Opinion of the Court
West, Associate Justice.
Under the facts disclosed by the bill of exceptions, the court erred in not allowing plaintiff a trial by jury. An affidavit was made under article 1438, Revised Statutes, and filed with the clerk when the suit was brought. A jury was, no doubt, at the same time demanded, and the clerk, in response to the affidavit filed in lieu of a cost bond and this supposed demand, placed the case on the jury docket, and it remained there until the case was called for trial. Ho question as to its right to be there was raised by any officer of the court, and the defendant alike…
2Cited by14 opinions
- Aronoff v. Texas Turnpike AuthorityCourt of Appeals of Texas · 1957
- Allen v. PlummerTexas Supreme Court · 1888
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- A. C. Petri & Bro. v. Lincoln National BankTexas Supreme Court · 1892
- P. W. Gallagher & Co. v. Goldfrank, Frank & Co.Texas Supreme Court · 1885
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