Biggins v. Gulf, Colorado & Santa Fe Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Sixth District, in an appeal from Johnson County. Biggins sued the railway company and appealed from a judgment for defendant. On its "affirmance he obtained writ of 'error. ' '
1Opinion of the CourtJustice Williams
The plaintiff in error sued for damages for an assault and battery alleged to have been committed upon him by a watchman in the employment of the defendant in error by shooting him with a pistol.
There was evidence at the trial tending to show each of the following states of fact: (1) That the watchman fired the shot with the intent to hit plaintiff. (2) That he discharged the pistol purposely, not with the intent to hit plaintiff whom he was pursuing, but with the intent to frighten and cause him to stop. (3) That the pistol was accidently discharged as the watchman was climbing up a bank in…
2Cited by16 opinions
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
- Smithson v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Gulf Paving Co. v. LofstedtTexas Supreme Court · 1945
- Louis v. ParchmanCourt of Appeals of Texas · 1973
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