Legal Opinion

Choate v. San Antonio & Aransas Pass Railway Co.

Texas Supreme Court

Decided January 24, 1898No. Application No. 1678PublishedCited by 186 opinions

Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Karnes County. This was an action by Choate to recover from the railway company for personal injuries received while a passenger. A former recovery by plaintiff was reversed by the Court of Civil Appeals. 85 S. W. Rep., 180. The case, on writ of error in the Supreme Court, is reported in 90 Texas, 82, where a statement of the evidence is given.

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Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Karnes County. This was an action by Choate to recover from the railway company for personal injuries received while a passenger. A former recovery by plaintiff was reversed by the Court of Civil Appeals. 85 S. W. Rep., 180. The case, on writ of error in the Supreme Court, is reported in 90 Texas, 82, where a statement of the evidence is given. Plaintiff having again recovered judgment—the fourth in the trial court—it was reversed on defendant’s appeal. Plaintiff then made this application…

1Opinion of the Court

Appellee sued to recover damages resulting from personal injuries sustained by him through the alleged negligence of appellant. The judgment appealed from is for $5000, and is founded upon the verdict of a jury. This is a second appeal of this case, the former being published in 35 S.W. Rep., 180. Upon the former appeal the judgment was reversed by this court, on the ground that the testimony did not support, and was opposed to, the finding of the jury; and it was ordered that the District Court instruct a verdict for defendant if the testimony was the same on another trial. Choate applied to…

2Cases cited1 opinion

  1. Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896

3Cited by186 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Clewis v. StateCourt of Criminal Appeals of Texas · 1996
  3. In Re King's EstateTexas Supreme Court · 1951
  4. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  5. Grotti v. StateCourt of Criminal Appeals of Texas · 2008

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