Houston & T. C. R'y Co. v. Hill
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H„ Stewart. Suit against the Houston & Texas Central Railway Company, The petition alleged that appellee entered into a contract with appellant by which it agreed to transport from Galveston and other towns along its road, to Dallas, excursionists at $5 per round trip; that this contract was made in Galveston county; that it was violated and broken in Galveston county.
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Appeal from Galveston. Tried below before the Hon. Wm. H„ Stewart. Suit against the Houston & Texas Central Railway Company, The petition alleged that appellee entered into a contract with appellant by which it agreed to transport from Galveston and other towns along its road, to Dallas, excursionists at $5 per round trip; that this contract was made in Galveston county; that it was violated and broken in Galveston county. The petition also alleged that appellant had a local agent representing it in Galveston county, whose name was E. S. Collin, and who resided there. The appellee set out in…
1Opinion of the Court
Willie, Chief Justice.
The Eevised Statutes provide that suits against a private corporation may be commenced in any county in which the cause of action or any part thereof arose. Art. 1198, subd. 21.
This court has held that a cause of action consists as well of the *384right of the plaintiff as of the injury to that right. Phillio v. Blythe, 12 Tex., 127. The right of the plaintiff in this cause accrued by reason of his contract with the defendant, which was made in Galveston county. The injury arose from a breach of that contract, and as the contract itself was to be in part performed in that…
2Cases cited9 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Phillio v. BlytheTexas Supreme Court · 1854
- Sabine & E. T. R'y Co. v. JoachimiTexas Supreme Court · 1883
- Texas & St. Louis R. R. Co. v. YoungTexas Supreme Court · 1883
- Calvit v. McFaddenTexas Supreme Court · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Cates v. L. C. Sparkman & Wise County Coal Co.Texas Supreme Court · 1889
- Mercantile Bank & Trust Co. v. SchuhartTexas Supreme Court · 1925
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- Cuero Cotton Oil & Mfg. Co. v. Feeders' Supply Co.Court of Appeals of Texas · 1918
69 more not listed; retrieve them via the Exa API.