Casey v. Texarkana & Ft. S. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by Mrs. Lillie B. Casey, individually and as administratrix, against the Texar-kana & Ft. Smith Railway Company. Judgment for defendant. Plaintiff appeals. Between 5 and 6 o’clock on the morning of December 23, 1909, Ben F. Casey, while engaged in the discharge of duties he owed to appellee as one of its car inspectors, suffered injuries resulting in his death a few hours thereafterwards.
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Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by Mrs. Lillie B. Casey, individually and as administratrix, against the Texar-kana & Ft. Smith Railway Company. Judgment for defendant. Plaintiff appeals. Between 5 and 6 o’clock on the morning of December 23, 1909, Ben F. Casey, while engaged in the discharge of duties he owed to appellee as one of its car inspectors, suffered injuries resulting in his death a few hours thereafterwards. He left surviving him his wife and several children. On the theory that the injuries were caused by the negligence of other employés of…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1, 2] Before determining the appeal on its merits, we will dispose of the motion made by appellee to dismiss it, on the ground, supported by the record, that it is being prosecuted without an appeal bond. So far as it should be construed to be an appeal by Mrs. Casey in her capacity as an individual, the motion should be sustained, for in that capacity she is not entitled, without first making and filing a bond, to prosecute an appeal; but, so far as it is an appeal by her as administratrix, the motion should be overruled, for in that capacity she is…
2Cases cited4 opinions
- Blum v. StrongTexas Supreme Court · 1888
- Graham v. McCarty & BrownTexas Supreme Court · 1887
- Grand Lodge Ancient Order of United Workmen v. StumpfCourt of Appeals of Texas · 1900
- Stone v. EllisTexas Supreme Court · 1887
3Cited by4 opinions
- Texarkana & Ft. S. Ry. Co. v. CaseyCourt of Appeals of Texas · 1914
- Nelson v. Detroit & Security Trust Co.Texas Commission of Appeals · 1933
- Hickman v. HickmanCourt of Appeals of Texas · 1950
- Schlottmann v. WieseCourt of Appeals of Texas · 1935