Bartee v. Houston & Texas Central Railway Co.
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. J. M. Onins. The appellant brought this action in the District Court of the county of Brazos, alleging in his petition that on or about a certain day his wagon and team, and servant, were run over and greatly injured by the defendant’s locomotive, at the intersection of the track and of one of the streets of the town of Bryan, in Brazos county.
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Appeal from Brazos. Tried below before the Hon. J. M. Onins. The appellant brought this action in the District Court of the county of Brazos, alleging in his petition that on or about a certain day his wagon and team, and servant, were run over and greatly injured by the defendant’s locomotive, at the intersection of the track and of one of the streets of the town of Bryan, in Brazos county. The defendant was charged with negligence, by reason of certain box-cars being so left on a side track as to obstruct the view from the street, and also by reason of the failure of the engineer or…
1Opinion of the CourtWalker, J.
The question for our decision in this case, is : Can a railroad be sued in any county wherein its agents commit a trespass, or must it be sued in that county where its principal business office is kept t Our statute confers a right of action against persons committing a trespass, in whatever county the «trespass is committed.
*650But it is urged that a railroad company is not a person within the meaning of this provision of the law, and that, where the action at common law would have been trespass on the case, it cannot be brought, under our system, where the action of trespass might lie, if a…
2Cited by3 opinions
- Houston & Texas Railway Co. v. OramTexas Supreme Court · 1878
- Houston & Texas Central Railroad v. A. G. Graves & Co.Texas Supreme Court · 1878
- H. & T. C. R. R. v. NicholsTexas Supreme Court · 1882