Legal Opinion

Southern Traction Co. v. Wilson

Court of Appeals of Texas

Decided March 22, 1922No. 5603PublishedCited by 13 opinions

Appeal from District Court, McLennan County; Tom L. McCullough, Judge. Action by J. A. Wilson against the Southern Traction Company. A judgment for plaintiff was reversed, and the cause remanded by the Court of Civil Appeals (187 S. W, 536), and plaintiff brought error to the Supreme Court, which reversed the judgment of the Court of Civil Appeals (234 S. W. 663), and remanded the cause for determination of an assignment of error not ruled upon.

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Appeal from District Court, McLennan County; Tom L. McCullough, Judge. Action by J. A. Wilson against the Southern Traction Company. A judgment for plaintiff was reversed, and the cause remanded by the Court of Civil Appeals (187 S. W, 536), and plaintiff brought error to the Supreme Court, which reversed the judgment of the Court of Civil Appeals (234 S. W. 663), and remanded the cause for determination of an assignment of error not ruled upon. Decision of the Court of Civil Appeals upon remand.

1Opinion of the Court

The judgment of this court, indicated in the opinion reported in187 S.W. 536, was reversed by the Supreme Court, 234 S.W. 663, upon the principal question whether a plaintiff is entitled to recover for injuries in a case of discovered peril, notwithstanding his own contributory negligence. In other respects, the decision of this court was sustained, but the cause was remanded here for our determination of appellant's 21st assignment of error and the propositions thereunder.

The 21st assignment of error complains of misconduct of the jury in the following particulars: (a) The arrival at the…

2Cases cited18 opinions

  1. Houston & Texas Central Railroad v. GrayTexas Supreme Court · 1912
  2. Wilson v. Southern Traction Co.Texas Supreme Court · 1921
  3. Kalteyer v. MitchellTexas Supreme Court · 1909
  4. Houston & Texas Central Railway Co. v. BoozerTexas Supreme Court · 1888
  5. Campbell v. CampbellCourt of Appeals of Texas · 1919

13 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Southern Traction Co. v. WilsonTexas Commission of Appeals · 1923
  2. Ratliff v. Fort Worth & R. G. Ry. Co.Court of Appeals of Texas · 1922
  3. Elliott-Greer Office Supply Co. v. MartinCourt of Appeals of Texas · 1932
  4. Morris v. National Cash Register Co.Court of Appeals of Texas · 1931
  5. J. Weingarten, Inc. v. AziosCourt of Appeals of Texas · 1964

8 more not listed; retrieve them via the Exa API.

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