Legal Opinion

Texas & Pacific Railroad v. Purcell

Texas Supreme Court

Decided March 21, 1898No. 643PublishedCited by 15 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Nolan County. Purcell sued the Texas Central and the Texas & Pacific Railway Companies, and appealed from a judgment in their favor. On a reversal and rendering of judgment against the latter company, it obtained a writ of error.

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Error to the Court of Civil Appeals for the Second District, in an appeal from Nolan County. Purcell sued the Texas Central and the Texas & Pacific Railway Companies, and appealed from a judgment in their favor. On a reversal and rendering of judgment against the latter company, it obtained a writ of error. The judgment of the Court of Civil Appeals proceeded on the ground that by the proclamation putting the quarantine regulations into effect “from and after February 15, 1897,” that day was excluded from the quarantine period, and therefore the findings of the trial court showed that the…

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by the defendant in error, against the plaintiff in error and the Texas Central Railroad Company, to recover damages for breach of a contract to ship cattle. The case was tried without a jury and resulted in a judgment for the defendants. The plaintiff appealed, and the Court of Civil Appeals affirmed the judgment as to the Texas Central Company, but reversed as to the plaintiff in error and rendered judgment against it.

The petition of the plaintiff alleged in substance that the defendant corporations were common carriers operating connecting lines…

2Cited by15 opinions

  1. Wolters v. WrightTexas Supreme Court · 1981
  2. Walker v. GarlandTexas Commission of Appeals · 1922
  3. Holmes v. CoalsonCourt of Appeals of Texas · 1915
  4. Creel v. State, Texas Court of Appeals, 4th District (San Antonio)1986
  5. Foran v. SmithCourt of Appeals of Texas · 1950

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