Felton v. Kansas City, M. & O. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Mandamus by J. C. Felton and others against the Kansas City, Mexico & Orient Railway Company. From a judgment sustaining a demurrer to the petition, plaintiffs appeal. In this case the trial court sustained a general demurrer and quite a number of special exceptions to the plaintiffs’ petition and the latter declining to amend, the case was dismissed, and the plaintiffs have appealed.
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Appeal from District Court, Tom Green County; J. W. Timmins, Judge. Mandamus by J. C. Felton and others against the Kansas City, Mexico & Orient Railway Company. From a judgment sustaining a demurrer to the petition, plaintiffs appeal. In this case the trial court sustained a general demurrer and quite a number of special exceptions to the plaintiffs’ petition and the latter declining to amend, the case was dismissed, and the plaintiffs have appealed. The petition, was properly verified, and, reads as follows: “Now comes the plaintiffs in tbe above entitled and numbered cause, and leave of…
1Opinion of the CourtKey, C. J.
(after stating the facts as above). [1] Conditions are such as to preclude extended discussion in detail of the numerous questions discussed in the briefs filed by the able counsel of the respective parties in this case. Careful consideration of the arguments and of many of the authorities cited has been given, and we have reached the conclusion that the trial court committed error in sustaining the demurrer and exceptions to the plaintiffs’ petition and dismissing the suit. Counsel for appellee have cited cases which hold that a private citizen cannot maintain an action on account of the…
2Cases cited2 opinions
- Smith v. SwormstedtSupreme Court of the United States · 1854
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
3Cited by2 opinions
- Kansas City, M. & O. Ry. Co. of Texas v. StateCourt of Appeals of Texas · 1913
- Kansas City, Mexico & Orient Railway Co. v. StateTexas Supreme Court · 1914