Legal Opinion

Kirby Lumber Co. v. McGilberry

Court of Appeals of Texas

Decided July 11, 1918No. 347PublishedCited by 6 opinions

Appeal from District Court, Harris Coun-tyJ. D. Harvey, Judge. Action by Valeria McGilberry and others against Kirby Lumber Company. Judgment for plaintiffs, and defendant appeals.

1Opinion of the Court

■HIGHTOWER, C. J.

This was a suit by the surviving wife and children of one Sanford McGilberry, deceased, as plaintiffs, to recover damages against the Kirby Lumber Company, said plaintiffs contending that the death of Sanford McGilberry was caused by negligence on the part of the servants and agents of said Kirby Lumber Company. The cause was tried with' a jury in the court below, and was submitted upon special issues, all of which were answered by the jury, and upon the verdict so returned the trial court entered judgment in favor of plaintiffs in the sum of $7,495, with interest thereon at…

2Cases cited3 opinions

  1. Cunningham v. International RailroadTexas Supreme Court · 1879
  2. Wallace v. Southern Cotton Oil Co.Texas Supreme Court · 1897
  3. Baker, Fleming & Hubert v. BrownTexas Supreme Court · 1881

3Cited by6 opinions

  1. Payne v. StateSupreme Court of Arkansas · 1928
  2. Tilling v. Indemnity Ins. Co. of North AmericaCourt of Appeals of Texas · 1926
  3. Lumbermen's Reciprocal Ass'n v. CarterCourt of Appeals of Texas · 1929
  4. Browns, Bell & Cowgill v. SoperCourt of Appeals of Kentucky (pre-1976) · 1941
  5. Southern Underwriters v. FreemanCourt of Appeals of Texas · 1938

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