Legal Opinion · Dissent

Missouri, Kansas & Texas Railway Co. v. Freeman

Texas Supreme Court

Decided March 7, 1904No. 1248Published

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hunt County. Annie Freeman and others sued the railway company and recovered ' judgment, which was affirmed on appeal, whereupon the company obtained writ of error.

1Dissent

A careful study of the opinion of the majority in this case has not brought my mind to a concurrence with the forcible reasoning of my associates nor the construction which they have placed upon article 3017 of the Revised Statutes. The question at issue is of such importance that I must challenge the correctness of the conclusion reached by the majority as to the extent of the railroad's liability, but more especially the soundness of the reasoning by which that conclusion has been reached. It is difficult to define with exactness the point of difference between the majority and myself, but…

2Cases cited11 opinions

  1. Milwaukee Industrial School v. Supervisors of Milwaukee CountyWisconsin Supreme Court · 1876
  2. Wilson v. PalmerTexas Supreme Court · 1857
  3. Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
  4. City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
  5. Hendrick v. WaltonTexas Supreme Court · 1887

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