Missouri Pacific Railway Co. v. Aiken
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon, F. A. Williams. This is an appeal from a judgment for three thousand seven hundred and fifty dollars recovered against appellant for personal injuries caused the appellee through the negligence of its employes. The injury occurred at Little Rock, Arkansas, July 14, 1887, while appellee was on a stock car en route from Columbia, Tennessee, to Palestine, Texas.
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Appeal from Anderson. Tried below before the Hon, F. A. Williams. This is an appeal from a judgment for three thousand seven hundred and fifty dollars recovered against appellant for personal injuries caused the appellee through the negligence of its employes. The injury occurred at Little Rock, Arkansas, July 14, 1887, while appellee was on a stock car en route from Columbia, Tennessee, to Palestine, Texas. He had hired the car and paid eighty dollars for its use, and a written agreement, contained the terms of the contract. In the agreement was the clause: “And it is further agreed that the…
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought by appellee against appellant to recover damages for a personal injury.
The petition was filed on the fifteenth day of September, 1887, and the case was called for trial on the thirtieth day of the next November, when an application for a continuance for the want of testimony was made on behalf of the appellant, and was overruled by the court. It is assigned that the action of the court was error. But we think not. Upon the first application for a continuance it must not only be stated that due diligence has been used to procure the attendance or…
2Cited by5 opinions
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- Pacific Express Co. v. NeedhamCourt of Appeals of Texas · 1904