Ft. Worth & D. C. Ry. Co. v. Wilkinson
Court of Appeals of Texas
Appeal from District Court, Tarrant County; ■ R. H. Buck, Judge. Action by Mrs. Nellie Wilkinson against the Ft Worth & Denver City Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the Court
8PEER, J.
This is an action for personal injuries brought by appellee against appellant in which a judgment was entered in favor of the plaintiff for the sum of $3,000, and the defendant has appealed.
[1] But two assignments of error are presented. The first is that the court submitted as an issue a ground of negligence not alleged in the petition. The paragraph complained of is as follows: “Bearing in mind the foregoing, you are instructed that if you believe from a preponderance of the evidence in' this case that while the plaintiff, Mrs. Nellie Wilkinson, was a passenger on the defendant’s…
2Cited by8 opinions
- Bank of Garvin v. FreemanTexas Supreme Court · 1915
- Phelps v. ConnelleeTexas Commission of Appeals · 1926
- International & G. N. Ry. Co. v. ParkeCourt of Appeals of Texas · 1914
- Galveston, H. & S. A. Ry. Co. v. WalkerCourt of Appeals of Texas · 1914
- Galveston, H. & S. A. Ry. Co. v. WalkerCourt of Appeals of Texas · 1914
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