Mo. Pac. R'y Co. v. Collier
Texas Supreme Court
Appeal from. Smith. Tried below before the Hon. Pelix J. McCord. This suit was instituted by the appellee, T. B. Collier, to recover of the appellants the sum of §10,000 damages for personal injuries sustained by him while a passenger on the International & Great Northern Railroad, which it was alleged was being operated by the Missouri Pacific Railway Company, caused by the car, in which plaintiff was seated, leaving the track and turning upside down from an embankment, on…
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Appeal from. Smith. Tried below before the Hon. Pelix J. McCord. This suit was instituted by the appellee, T. B. Collier, to recover of the appellants the sum of §10,000 damages for personal injuries sustained by him while a passenger on the International & Great Northern Railroad, which it was alleged was being operated by the Missouri Pacific Railway Company, caused by the car, in which plaintiff was seated, leaving the track and turning upside down from an embankment, on the night of the 30th of January, 1883, whereby it was alleged that plaintiff’s back and spine were injured, and he…
1Opinion of the Court
West, Associate Justice.
Under the facts of this case, as disclosed by the record, the district court committed no error in declining, at the instance of the appellants, to suppress the depositions of the witness Howell and others.
We think that under the facts of this case the service of the notice and interrogatories on the local agent of the appellants at Tyler was sufficient, and was good legal service.
The petition avers and the evidence shows that, as a matter of fact, the Missouri Pacific R. R. Co. had charge of and was in fact, at the time of the service, lawfully operating the I, & G.…
2Cited by7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ComptonCourt of Appeals of Texas · 1890
- Houston Oxygen Co. v. DavisTexas Supreme Court · 1942
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Marks v. I. M. Pearlstine & SonsSupreme Court of South Carolina · 1943
- Chicago, Peoria & St. Louis Railway Co. v. LewisIllinois Supreme Court · 1893
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