Legal Opinion

Ewing v. Litzmann

Court of Appeals of Texas

Decided June 29, 1916No. 7232. [fn*]PublishedCited by 10 opinions

Appeal from District Court, Harris County; Win. Masterson, Judge. Suit by Paul Litzmann against the Brooks-Gordon Construction Company, a partnership composed of Charles W. Brooks and Phil M. Gordon, George H. Hermann, and the City of Houston, wherein, upon Hermann’s death, T. J. Ewing, Jr., and others, his executors, were made parties defendant, they bringing a cross-action against the Construction Company, and the members of the firm, and against R. E. Brooks and Mrs.…

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Appeal from District Court, Harris County; Win. Masterson, Judge. Suit by Paul Litzmann against the Brooks-Gordon Construction Company, a partnership composed of Charles W. Brooks and Phil M. Gordon, George H. Hermann, and the City of Houston, wherein, upon Hermann’s death, T. J. Ewing, Jr., and others, his executors, were made parties defendant, they bringing a cross-action against the Construction Company, and the members of the firm, and against R. E. Brooks and Mrs. Estelle B. Sharp, as sureties upon the Company’s bond. Suit was dismissed as to the City of Houston, and from a judgment for…

1Opinion of the Court

* Application for writ of error pending in Supreme Court. This suit was brought by appellee Paul Litzmann against the Brooks-Gordon Construction Company, a partnership composed of Charles W. Brooks and Phil M. Gordon, and George H. Hermann and the city of Houston, to recover damages for personal injuries alleged to have been caused by the negligence of the defendants. The petition alleges, in substance, that plaintiff was injured by the fall of a fence which the Brooks-Gordon Company, who were engaged in erecting a building for the defendant Hermann, had constructed in a public street of the…

2Cases cited3 opinions

  1. Kampmann v. RothwellTexas Supreme Court · 1908
  2. Smith v. HumphreyvilleCourt of Appeals of Texas · 1907
  3. Moore Savage v. KopplinCourt of Appeals of Texas · 1911

3Cited by10 opinions

  1. Loyd v. HerringtonTexas Supreme Court · 1944
  2. United States Fidelity & Guaranty Co. v. GoodsonCourt of Appeals of Texas · 1978
  3. Brownsville Navigation District v. Valley Ice & Fuel Co.Court of Appeals of Texas · 1958
  4. Harris v. Farmers' & Merchants' State Bank of RangerCourt of Appeals of Texas · 1922
  5. Cotton v. HengerCourt of Appeals of Texas · 1958

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