Chicago, R. I. & G. Ry. Co. v. Knox
Court of Appeals of Texas
Appeal from District Court, Jack County; J. W. Patterson, Judge. Action by S. W. Knox against the Chicago, Rock Island & Gulf Railway Company and others. Prom a judgment for plaintiff against the St. Louis & Santa Fé Railway Company, it appeals.
1Opinion of the CourtLevy, J.
The suit is for damages to a shipment of cattle from Jaeksboro to St. Louis, due to alleged negligent delay and handling over the lines of three defendants. The verdict was in favor of appellee against the St. Louis & San Praneisco Railway Company, and in favor of the other two companies. A special demurrer was sustained to paragraph 3 of appellants’ answer. This was reversible error. See case of Railway Co. v. Rich, 138 S. W. 223, this day decided by this court.
The court’s charge assumes that the acts stated and on which negligence is predicated constituted negligence as a matter of law. It…
2Cases cited1 opinion
- Chicago, R. I. & G. Ry. Co. v. RichCourt of Appeals of Texas · 1911