Legal Opinion

Texas & Pacific Railway Co. v. Phillips

Texas Supreme Court

Decided November 22, 1897No. 584PublishedCited by 28 opinions

Error to the Court of Civil Appeals for the Third District, in an appeal from Red River County. The railway company obtained writ of error from a judgment of the Court of Civil Appeals affirming a recovery against it, in the trial court, by plaintiff Phillips, for damages to him occasioned by injury to his minor son.

1Opinion of the Court

BROWN, Associate Justice.

The Court of Civil Appeals made no finding of facts in this case, but referred to the case of Texas & Pacific Ry. Co. v. Phillips, 37 S. W. Rep., 620, for the facts of the case, and we make the following statement of the facts as shown in the case referred to as being that which is applicable to the points presented in the application for writ of error:

On January 20, 1894, Asbury Phillips, a negro boy about fourteen years of age, was knocked off the track of the Texas & Pacific Railroad by one of its engines in the town of Detroit in Red River County. The boy was…

2Cases cited1 opinion

  1. Missouri, Kansas & Texas Railway Co. v. RodgersTexas Supreme Court · 1896

3Cited by28 opinions

  1. Rudes v. GottschalkTexas Supreme Court · 1959
  2. Dallas Railway & Terminal Co. v. RogersTexas Supreme Court · 1949
  3. Yellow Cab & Baggage Co. v. SmithCourt of Appeals of Texas · 1930
  4. Terrell Wells Health Resort, Inc. v. SevereidCourt of Appeals of Texas · 1936
  5. Bedner v. Federal Underwriters ExchangeCourt of Appeals of Texas · 1939

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