Burton v. G., H. & S. A. R'y Co.
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Mrs. Judy Burton, as surviving widow of King Burton, and as administratrix of his estate, filed her petition against the Galveston, Harrisburg & San Antonio Railway Company, claiming $15,000 compensatory damages, and $5,000 exemplary damages, on the ground that her husband, through neglect of the company, lost his life while being transported on-its train.
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. Mrs. Judy Burton, as surviving widow of King Burton, and as administratrix of his estate, filed her petition against the Galveston, Harrisburg & San Antonio Railway Company, claiming $15,000 compensatory damages, and $5,000 exemplary damages, on the ground that her husband, through neglect of the company, lost his life while being transported on-its train. Appellee filed its answer, containing a general denial, and pleading further that if Burton came to his death by an accident on defendant’s road, or the Mexican & Pacific…
1Opinion of the Court
Stayton, Associate Justice.
— The appellant having filed interrogatories to take the deposition of the witness Monroe, the appellee filed cross-interrogatories, after which the appellant took out a commission to take the answers of the witness, but failed for reasons satisfactory to herself to take the deposition. The appellee then took out a commission and took the deposition of the witness on the same direct and cross-interrogatories. Motion was made to exclude the deposition upon the ground that the appellee had no right to take out a commission and take the deposition under the existing…
2Cases cited1 opinion
- Taylor v. Western Pacific RailroadCalifornia Supreme Court · 1873
3Cited by26 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Wallace v. Southern Cotton Oil Co.Texas Supreme Court · 1897
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Taylor, Bastrop & Houston Railway Co. v. WarnerTexas Supreme Court · 1895
- King v. GallowayTexas Commission of Appeals · 1926
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