Texas & Pacific Railway Co. v. Cody
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was an action commenced by Henry D. Códy against the Texas and Pacific Eailway Company in the District Court of Tarrant County, Texas, and removed by defendant to the Circuit Court of the United States for the Northern District of Texas. . Plaintiff alleged in his petition that on March 4,1892, he was injured at the crossing of the track of the defendant company over Jennings Avenue in the city of Fort Worth,…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. This was an action commenced by Henry D. Códy against the Texas and Pacific Eailway Company in the District Court of Tarrant County, Texas, and removed by defendant to the Circuit Court of the United States for the Northern District of Texas. . Plaintiff alleged in his petition that on March 4,1892, he was injured at the crossing of the track of the defendant company over Jennings Avenue in the city of Fort Worth, Texas, by the carelessness and negligence of the defendant and its agents and servants. Defendant demurred generally and…
1Opinion of the CourtChief Justice Fuller
The railway company raises a preliminary question of jurisdiction. Plaintiff below described himself in his petition as a resident of Tarrant County, Texas, and alleged the Texas and Pacific Eailway Company to be “ a private corporation, created and existing under the laws of the State of Texas,” and that “ the defendant owns and operates a line of railway extending into and running through said Tarrant County, and into and through the city of Fort "Worth, Tarrant County, Texas, and has for the purpose of conducting and carrying on its business in the management and operation of said line of…
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