Oriental Investment Co. v. Barclay
Texas Supreme Court
Error from the Fifth District, in an appeal from Dallas County. Maggie Barclay, Maggie Sline, and Alma Semond sued the Oriental Investment Company on account of injuries to the person in the fall of an elevator. Their suits, originally separate, were consolidated, and plaintiffs had judgment, from which the Investment Company appealed. The appellate court struck out the statement of facts and affirmed the judgment, and appellant thereupon obtained a writ of error.
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Error from the Fifth District, in an appeal from Dallas County. Maggie Barclay, Maggie Sline, and Alma Semond sued the Oriental Investment Company on account of injuries to the person in the fall of an elevator. Their suits, originally separate, were consolidated, and plaintiffs had judgment, from which the Investment Company appealed. The appellate court struck out the statement of facts and affirmed the judgment, and appellant thereupon obtained a writ of error. For previous appeals in these cases before consolidation, see The Oriental v. Barclay, 16 Texas Civil Appeals, 193; Oriental…
1Opinion of the Court
GAINES, Chief Justice.
In this case, upon motion of the defendants in error, the Court of Civil Appeals struck out the statement of facts, declined to consider numerous assignments of error for the reason that they were without a record of the evidence adduced upon the trial, and affirmed the judgment. The action of the court in suppressing the statement of facts is assigned as error in this court. The question so presented has given us much trouble, but, after a very careful consideration, we have reached the conclusion that the assignment ought to be sustained.
The statement of facts is very…
2Cases cited3 opinions
- East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1887
- Hawkins v. LeeTexas Supreme Court · 1858
- Dreiss v. FriedrichTexas Supreme Court · 1882
3Cited by5 opinions
- Fort Worth & Denver City Railway Co. v. RobertsTexas Supreme Court · 1904
- Eastin & Knox v. Texas & Pacific Railway Co.Texas Supreme Court · 1906
- Elliott v. FergusonTexas Supreme Court · 1907
- German v. Houston T. C. R. Co.Court of Appeals of Texas · 1920
- Campbell v. PrietoCourt of Appeals of Texas · 1911