St. Louis Southwestern Railway Co. v. Harkey
Court of Appeals of Texas
Appeal from the District Court of Cass County. Tried below before Hon. P. A. Turner. The diligence used to procure the testimony of Dr. Walls, the absent witness, was, that an agent of the defendant had called upon him some time before the term of the court, and procured from him a distinct promise to attend the trial. Transportation was procured and furnished him from Naples to Linden and return and was accepted by the witness.
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Appeal from the District Court of Cass County. Tried below before Hon. P. A. Turner. The diligence used to procure the testimony of Dr. Walls, the absent witness, was, that an agent of the defendant had called upon him some time before the term of the court, and procured from him a distinct promise to attend the trial. Transportation was procured and furnished him from Naples to Linden and return and was accepted by the witness. He resided out of the county where the case was tried, and the defendant desired, if possible, his personal attendance, but would have taken his deposition, except…
1Opinion of the Court
EIDSOH, Associate Justice.
This suit was brought in the court below by appellee for $2,000 damages for personal injuries, alleged to have been received by appellee while a passenger on one of appellant’s trains, during the month of October, A. D. 1902. The allegations of the petition are substantially as follows: That the car on which appellee was riding was derailed near Winfield, Texas, through the negligence of appellant and its agents; that at the time of such derailment appellee was thrown from his seat with great violence into the aisle of the coach in which he was riding, and thereby…
2Cases cited13 opinions
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- Mexican Central Railway Co. v. LauricellaTexas Supreme Court · 1894
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1891
- Graham v. McCarty & BrownTexas Supreme Court · 1887
- Neyland v. BendyTexas Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lane v. JonesCourt of Appeals of Texas · 1914
- Ferguson v. FergusonCourt of Appeals of Texas · 1928
- Texas & P. Ry. Co. v. StiversCourt of Appeals of Texas · 1919
- Kansas City, M. & O. Ry. Co. of Texas v. StarrCourt of Appeals of Texas · 1917
- H. T. C. R. R. Co. v. LindseyCourt of Appeals of Texas · 1908
4 more not listed; retrieve them via the Exa API.