Legal Opinion

Texas & Pac. Ry. Co. v. Hanson

Court of Appeals of Texas

Decided November 9, 1916No. 1663PublishedCited by 3 opinions

Appeal from District Court, Gregg County; W. C. Buford, Judge. Action by H. H. Hanson against the Texas & Pacific Railway Company. From' a judgment for plaintiff, defendant appeals.; Appellee was a passenger on one of appellant’s trains from Longview to Dallas. Appellant’s station (referred to in the testimony as the “City Depot”) in Dallas, where appellee intended to leave the train, is 4,300 feet beyond the Union Station.

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Appeal from District Court, Gregg County; W. C. Buford, Judge. Action by H. H. Hanson against the Texas & Pacific Railway Company. From' a judgment for plaintiff, defendant appeals.; Appellee was a passenger on one of appellant’s trains from Longview to Dallas. Appellant’s station (referred to in the testimony as the “City Depot”) in Dallas, where appellee intended to leave the train, is 4,300 feet beyond the Union Station. After the train passed the station last mentioned ap-pellee went from the the seat he occupied about the center of the coach he was in to the rear end thereof to get a…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). [1] The trial court did not err in holding appellant was not entitled to remove the cause from the state to a federal court, on the ground that it was incorporated under an act of Congress. Section 5 of the act approved January 28, 1915, part 1, U. S. Statutes 1914-15, p. 803. In the statute cited Congress declared:

“No court of the United .States shall have jurisdiction of any action or suit by or against any railroad company upon the ground that said railroad company was incorporated under an act of Congress.”

[2] In support of a contention it makes that…

2Cases cited4 opinions

  1. Fort Worth & Denver City Railway Co. v. ShetterTexas Supreme Court · 1900
  2. Missouri, Kansas & Texas Railway Co. v. KeefeCourt of Appeals of Texas · 1905
  3. Southwestern Telegraph & Telephone Co. v. SandersTexas Supreme Court · 1915
  4. Chicago, Rock Island & Pacific Ry. Co. v. CainCourt of Appeals of Texas · 1904

3Cited by3 opinions

  1. Bragg v. Houston Electric Co.Court of Appeals of Texas · 1924
  2. Texas & P. Ry. Co. v. HughesCourt of Appeals of Texas · 1917
  3. Kunz v. Connecticut Co.Supreme Court of Connecticut · 1940

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