Webb v. Houston & Texas Central Railroad

JAMES, Chief Justice.

This action was brought by the surviving wife and children of Spencer C. Webb to recover of appellee the sum of $1,027.30 with interest. The petition alleged that Webb had received injuries in defendant’s service, through certain negligence of defendant, in 1902, and that he had in 1903 sued defendant in the District Court of Ellis County for his damages which resulted, in 1905, in a judgment for the defendant, from which no appeal was taken. The circumstances of the pleadings and other proceedings in said Ellis County action were set forth with particularity, showing…