Gulf, C. & S. F. Ry. Co. v. Bostick
Court of Appeals of Texas
Appeal from District Court, Lampasas County; F. M. Spann, Judge. Action by John Bostick against the Gulf, Colorado & Santa Fé Railway Company and Walker D. I-Iines, Director General of Railroads, in which John Barton Payne, as the successor to Walker D. Hines, was made a party. From a judgment for plaintiff against both defendants, they appeal.
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Appeal from District Court, Lampasas County; F. M. Spann, Judge. Action by John Bostick against the Gulf, Colorado & Santa Fé Railway Company and Walker D. I-Iines, Director General of Railroads, in which John Barton Payne, as the successor to Walker D. Hines, was made a party. From a judgment for plaintiff against both defendants, they appeal. Reversed as to the Santa Fé Company, and action as to it dismissed, and reversed and remanded for a new trial as to John Barton Payne.
1Opinion of the CourtJenkins, J.
Appellee sued Gulf, Colorado & Santa Fé Railway Company and Walker D. Hines, Director General of Railroads, to recover damages for injury to cattle shipped from Fort Worth to Lam-pasas, by reason of the alleged negligence of defendants. Such negligence is alleged to have consisted in rough handling and unreasonable delay of the shipment. John Barton Payne was made party defendant, as the successor of Walker D. Hines. The case was submitted to a jury upon the following special issues:
“No. 1. Do you find from the evidence that the defendant railway company was negligent in the time taken in…
2Cases cited11 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Gulp, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1888
- Neaderhouser v. StateIndiana Supreme Court · 1867
- L. Miller & Co. v. Texas & New Orleans Railway Co.Texas Supreme Court · 1892
- Pearce v. LangfitSupreme Court of Pennsylvania · 1882
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3Cited by4 opinions
- Johnson v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
- Davis v. HaganCourt of Appeals of Texas · 1923
- Cobb v. PayneCourt of Appeals of Texas · 1922
- Cobb v. PayneCourt of Appeals of Texas · 1922