Hutcherson v. Amarillo St. Ry. Co.
Texas Commission of Appeals
Error to Court .of Civil Appeals of Seventh Supreme Judicial District. Action by Mrs. Annie Ts Hutcherson and others against the Amarillo Street Railway Company. Judgment for defendant was affirmed by the Court of Civil Appeals (176 5. W. 856), and plaintiffs bring error.
1Opinion of the CourtSadler, J.
On the trial of this case, after all the evidence on behalf of plaintiff had been introduced (the defendant offering no evidence), the court peremptorily instructed a verdict for the defendant, on the ground that primary negligence proximately causing the injuries resulting in the death of Hers'hel Hutcherson had not been shown. The Coqrt of Civil Appeals sustained the action of the trial court. 176 S. W. 856. In the primary opinion, the appellate court reversed and remanded for a new trial, holding that the evidence sufficiently raised the question of negligence to require the submission to…
2Cases cited5 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Allen v. WillardSupreme Court of Pennsylvania · 1868
- Texarkana & Fort Smith Railway Co. v. FrugiaCourt of Appeals of Texas · 1906
- Atchison, Topeka & Santa Fe Railway Co. v. BaumgartnerSupreme Court of Kansas · 1906
- Hutcherson v. Amarillo St. Ry. Co.Court of Appeals of Texas · 1915
3Cited by6 opinions
- Green v. Texas & Pacific Railway Co.Texas Supreme Court · 1935
- Missouri, K. & T. Ry. Co. of Texas v. LutenTexas Commission of Appeals · 1921
- Blunt v. H. G. Berning, Inc.Court of Appeals of Texas · 1948
- Gulf, C. & S. F. Ry. Co. v. SnowCourt of Appeals of Texas · 1940
- Gulf, C. & S. F. Ry. Co. v. SnowCourt of Appeals of Texas · 1940
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