H. & T. C. R'y Co. v. Larkin
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Appellee instituted this suit in the district court of McLennan county to recover damages for personal injuries alleged to have been received by him as the result of alleged defective machinery of a hand-car.
Read the full summary
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Appellee instituted this suit in the district court of McLennan county to recover damages for personal injuries alleged to have been received by him as the result of alleged defective machinery of a hand-car. Appellee was, at the time of the happening of the accident in which he alleged that he received the injuries, in the employ of appellant as a section hand, and while in such employ, he with some thirteen or fourteen other section hands composing the section gang, were going to work upon the section upon which they were…
1Opinion of the Court
Walker, P. J. Com. App.
The objections to the certificate of the notary public taking the depositions are not well taken. The certificate, taken together with the caption which preceded the answers taken by the officer in question, must be considered together as a part of the officer’s certificate, and if it appears from the whole that the statute has been substantially complied with, that shall be deemed sufficient. Carroll v. Welch, 26 Tex., 147. The caption identified the case by its style (although the corporate name of the defendant was abbreviated), and also by the number of the cause,…
2Cases cited4 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- T. & St. Louis E. E. Co. v. JarrellTexas Supreme Court · 1883
- Carroll v. WelchTexas Supreme Court · 1861
- Ballard v. PerryTexas Supreme Court · 1866
3Cited by5 opinions
- Wagoner v. RuplyTexas Supreme Court · 1888
- Knoxville Fire Insurance v. HirdCourt of Appeals of Texas · 1893
- Missouri, Kansas & Texas Railway Co. v. HenneseyCourt of Appeals of Texas · 1899
- Martin, Wise & Fitzhugh v. Missouri Pacific Railway Co.Court of Appeals of Texas · 1893
- Gulf, O. & S. F. Ry. Co. v. CoffmanCourt of Appeals of Texas · 1928