Quill v. Houston & Texas Central Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Waller County. Kate Quill and others sued the railway company and had judgment. A former recovery by plaintiff had been reversed and remanded on appeal. 46 S. W. Rep., 847. Defendant appealed from the second recovery and the judgment was again reversed and remanded. Plaintiff applied for and obtained a writ of error on the ground that the ruling practically settled the case.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Waller County. Kate Quill and others sued the railway company and had judgment. A former recovery by plaintiff had been reversed and remanded on appeal. 46 S. W. Rep., 847. Defendant appealed from the second recovery and the judgment was again reversed and remanded. Plaintiff applied for and obtained a writ of error on the ground that the ruling practically settled the case. The opinion of the Court of Civil Appeals was as follows: “Fly, Associate Justice. — On a former appeal of this case (46 Southwestern…
1Opinion of the Court
WILLIAMS, Associate Justice.
This writ of error was granted upon the allegation that the decision of the Court of Civil Appeals, reversing the judgment of- the District Court and remanding the cause, practically settled the case, and the only questions for us to examine are Avhether or not such is the effect of the decision, and, if so, whether or not it is correct. The opinion of the Court of Civil Appeals holds that “the evidence has shown beyond question" that the deceased, James Quill, had assumed the risk from which his death resulted, and that it “destroys the case made out by…
2Cited by6 opinions
- Ft. Worth & D. C. Ry. Co. v. MillerCourt of Appeals of Texas · 1918
- Hines v. WicksCourt of Appeals of Texas · 1920
- William Miller & Sons Co. v. WaymanCourt of Appeals of Texas · 1913
- Galveston, H. & S. A. Ry. Co. v. SalisburyCourt of Appeals of Texas · 1912
- Trinity & Brazos Valley Railway Co. v. PerdueCourt of Appeals of Texas · 1907
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