Evansich v. G., C. & Santa Fe R. R. Co.
Texas Supreme Court
Error from Washington. Tried below before the Hon. I. B. McFarland. F. G. Evansich, Jr., joined by his father, sued defendant in error for damages for injuries received on its turn-table, alleging that his injuries were caused by its leaving it unfastened, unguarded and uninclosed, whereby plaintiff, who was seven years old, played on it and was hurt. Answer by general and by special demurrers; also by general denial and by special answers. Judgment for defendant.
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Error from Washington. Tried below before the Hon. I. B. McFarland. F. G. Evansich, Jr., joined by his father, sued defendant in error for damages for injuries received on its turn-table, alleging that his injuries were caused by its leaving it unfastened, unguarded and uninclosed, whereby plaintiff, who was seven years old, played on it and was hurt. Answer by general and by special demurrers; also by general denial and by special answers. Judgment for defendant. The pleadings were the same as- on a former appeal. See 57 Tex., 126. The opinion states all facts necessary to its proper…
1Opinion of the Court
Stayton, Associate Justice.—
The first assignment of error calls in question the correctness of the ruling of the court below in striking from a commission certain cross-interrogatories which the appellant filed to one Hemming.
It appears that the defendant in error had once taken the deposition of Hemming in the case, and that afterwards, desiring to interrogate him in regard to some matters of which inquiry had not been made directly in former interrogatories, in reference to which, *26however, the witness had made some statements in the deposition already taken, the defendant in error filed…
2Cases cited2 opinions
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