Galveston, Harrisburg & San Antonio Railway Co. v. Herring
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Medina County. Herring sued the railway company and appealed from a judgment for defendant. On reversal and remand appellee obtained a writ of error on the ground of conflict in decisions.
1Opinion of the CourtJustice Williams
In the Court of Civil Appeals the judgment of the District Court was reversed and the cause remanded for a new trial. Jurisdiction of this court to grant the writ of error is invoked upon the ground that the decision of the Court of Civil Appeals upon questions of law overrules decisions of this court and other decisions of the Courts of Civil Appeals.
The first reason for which the Court of Civil Appeals reversed the judgment was that the charge of the trial court imposed upon plaintiff the burden of showing that he was not guilty of contributory negligence and had not assumed the risk. The…
2Cases cited6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
- Brown v. SullivanTexas Supreme Court · 1888
- Gulf, Colorado & Santa Fe Railway Co. v. HillTexas Supreme Court · 1902
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Travelers Insurance v. MarshallTexas Supreme Court · 1934
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- City of Rockdale v. CuretonTexas Supreme Court · 1921
- Glenn v. Dallas County Bois D'Arc Island Levee Dist.Court of Appeals of Texas · 1926
- Eagle Lake Independent School Dist. v. HoyoCourt of Appeals of Texas · 1917
6 more not listed; retrieve them via the Exa API.