Legal Opinion

I. & G. H. R'y Co. v. Irvine

Texas Supreme Court

Decided July 1, 1885No. Case No. 1852PublishedCited by 52 opinions

Appeal from. Wood. Tried below before the Hon. Felix J. McCord. Appellee sued for damages for personal injury caused by negligence of appellant and its servants and agents, alleging that about the 26th of February, 1883, he paid the fare demanded of him by the conductor of appellant’s train for a first-class seat on appellant’s train from Tyler to Mineóla; that appellant, through the conductor, received his fare, and thereby agreed to safely transport and deliver appellee at…

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Appeal from. Wood. Tried below before the Hon. Felix J. McCord. Appellee sued for damages for personal injury caused by negligence of appellant and its servants and agents, alleging that about the 26th of February, 1883, he paid the fare demanded of him by the conductor of appellant’s train for a first-class seat on appellant’s train from Tyler to Mineóla; that appellant, through the conductor, received his fare, and thereby agreed to safely transport and deliver appellee at the passenger depot of appellant in Mineóla; that appellant did not do this, but stopped its train a half mile from the…

1Opinion of the Court

Stayton, Associate Justice.

The cause of action stated in the original petition was essentially the same as was alleged in the amendment.

The cause of action was the injury resulting from the alleged negligence of the defendant; time, place and circumstances of which were stated in the original petition, and the amendment did nothing more , than to state more fully than did the original the several results of the injury. The court, therefore, did not err in overruling exceptions which presented the statute of limitation as a defense.

We do not understand the petition to allege the dissolution of…

2Cases cited2 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Ohio & Mississippi R. W. Co. v. DickersonIndiana Supreme Court · 1877

3Cited by52 opinions

  1. Bell v. BlackwellTexas Commission of Appeals · 1926
  2. Texas Indemnity Ins. Co. v. McCurryTexas Commission of Appeals · 1931
  3. Cannady v. Dallas Ry. & Terminal Co.Court of Appeals of Texas · 1949
  4. Southern Railway Co. v. CunninghamSupreme Court of Georgia · 1905
  5. Galveston, Harrisburg & San Antonio Railway Co. v. WashingtonCourt of Appeals of Texas · 1901

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