Texas & Pacific Railway Co. v. Bailey
Texas Supreme Court
This suit was brought by F. J. Bailey for personal injuries received by him in a collision with an engine and tender on the track of the Texas & Pacific Railway Company at a public crossing in the city of Marshall, September 24, 1888. Suit was begun October 30, 1888. On September 13, 1890, Mrs. Annie Bailey, the wife of the plaintiff, filed a supplemental petition showing that since the last term of the court her husband had became insane; that he had been declared a lunatic…
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This suit was brought by F. J. Bailey for personal injuries received by him in a collision with an engine and tender on the track of the Texas & Pacific Railway Company at a public crossing in the city of Marshall, September 24, 1888. Suit was begun October 30, 1888. On September 13, 1890, Mrs. Annie Bailey, the wife of the plaintiff, filed a supplemental petition showing that since the last term of the court her husband had became insane; that he had been declared a lunatic by proper authority, and had been ordered to be confined in the asylum at Terrell, and that he was still insane and was…
1Opinion of the Court
GARRETT, Presiding Judge,
Section B.—The question determined in the Texas & Pacific Railway Company v. Johnson, 76 Texas, 425, as to the liability of the railway for injuries inflicted while the road was in the hands of the receiver, is again presented for our consideration by the appellant. We see no reason why the decision in that case should not be adhered to. But the further question is raised, that if the claims against the company for the acts of the receiver while the road was in his charge should exceed the value of the improvements or betterments of the property made by him out of the…
2Cases cited4 opinions
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