Jackson v. Martin
Court of Appeals of Texas
Appeal from Ellis County Court; E. L. Wilson, Judge. Action by W. A. Martin against J. H, Jackson, judgment for plaintiff, and defendant appeals.
1Opinion
On Rehearing.
Appellee in motion' for rehearing calls our attention to the fact that we are in conflict with the holding by the Fifth district in the case of Mercer Dry Goods Co. v. Fikes, 191 S. W. 1178. The opinion cited appears to be in conflict with the case of Shaw v. Garrison, 174 S. W. 942, by the same court, and the latter, we think, is in accord with the cases from the Supreme Court (G., H. & S. A. Ry. Co. v. Cody, 92 Tex. 632, 51 S. W. 329), and we think the holding by the Supreme Court that the cause shall be submitted upon special issues, if the request is made before it is…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. MageeTexas Supreme Court · 1899
- Galveston, Harrisburg & San Antonio Railway Co. v. CodyTexas Supreme Court · 1899
- Shaw v. GarrisonCourt of Appeals of Texas · 1915
- Galveston, Harrisburg & San Antonio Railway Co. v. JacksonTexas Supreme Court · 1899
- Fred Mercer Dry Goods Co. v. FikesCourt of Appeals of Texas · 1917