Houston & Texas Central Railroad v. Haberlin
Court of Appeals of Texas
Appeal from the District Court of Travis County. Tried below before Hon. George Calhoun. This case was brought before the Supreme Court on certificate of dissent. The opinion there delivered, January 25, 1911, will be found in 104 Texas, and sets forth the charge of the trial court in full. The court concur with the dissenting opinion of Mr. Justice ICev, in holding that the 10th paragraph of the charge contains no affirmative error and presents no ground for reversal.
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Appeal from the District Court of Travis County. Tried below before Hon. George Calhoun. This case was brought before the Supreme Court on certificate of dissent. The opinion there delivered, January 25, 1911, will be found in 104 Texas, and sets forth the charge of the trial court in full. The court concur with the dissenting opinion of Mr. Justice ICev, in holding that the 10th paragraph of the charge contains no affirmative error and presents no ground for reversal. (Paragraph 1 of head notes.) The Supreme Court concur with the majority opinion in holding that the 7th and 8th paragraphs of…
1Concurrence
RICE, Associate Justice; FISHER, Chief Justice,
concurring. — Appellee, a locomotive engineer in the employ of appellant, was seriously injured by the explosion of the firebox and boiler of an engine he was operating on the line of appellant’s railway, near the town of Curry, on January 7, 1907, and brings this action to recover damages for the injury thereby sustained. His petition contains allegations of many and various acts of negligence, but since the trial court only submitted two issues of negligence set up by him, we think it only necessary to state these. The first was whether or not…
2Cited by2 opinions
- McDiarmid v. CommonwealthSupreme Court of Virginia · 1945
- Houston & T. C. R. Co. v. HaberlinCourt of Appeals of Texas · 1911