Sullivan v. Missouri, Kansas & Texas Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Williamson County. Sullivan sued the Railway Co. for damages for personal injury and recovered judgment for $8400. On defendant’s appeal this was reversed and remanded for error in excluding from evidence offered by defendant the letter referred to in the opinion. 157 S. W., 193. Plaintiff obtained writ of error on the ground of conflict of rulings between Courts of Civil Appeals.
1Opinion of the CourtJustice Greenwood
The writ of error was granted to settle the conflict between the decision of the Austin Court of Civil Appeals in this case, 157 S. W., 193, and the decision of the Dallas Court of Civil Appeals in the case of St. L. & S. W. Ry. Co. of Texas v. Kern, 100 S. W., 971.
It was held in the latter case that a letter to the railway-company’s claim agent, presenting a claim for damages for personal injuries, assessed at $500, and expressing the hope that the claim agent would call at an early date and save trouble of suit, was an offer of settlement for $500 to avoid litigation, and was clearly…
2Cases cited5 opinions
- International & Great Northern Railway Co. v. RagsdaleTexas Supreme Court · 1886
- Lanier v. Hammond Lumber, Co.Supreme Court of Louisiana · 1917
- Missouri, K. & T. Ry. Co. of Texas v. SullivanCourt of Appeals of Texas · 1913
- Helton v. MartinSupreme Court of Louisiana · 1917
- Neal v. ThorntonSupreme Court of Vermont · 1894
3Cited by11 opinions
- St. Paul Fire & Marine Insurance Co. v. MurphreeTexas Supreme Court · 1962
- Whitsett v. WhitsettCourt of Appeals of Texas · 1947
- Brannam v. TEXAS EMPLOYERS'INS. ASS'NTexas Supreme Court · 1952
- American General Ins. Co. v. Fort Worth Transit Co.Court of Appeals of Texas · 1947
- Ditto v. PiperCourt of Appeals of Texas · 1951
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