Tex. & Pac. R'y Co. v. Hardin
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. On March 28, 1884, plaintiff (appellee) filed his petition in the Kaufman district court, and therein alleged in substance that on January 15, 1884, he and his wife, S. E. Hardin, took passage on one of defendant’s trains at Terrell to go to some point west on defendant’s line; that about 3 o’clock in the morning, in Parker county, the train met with an accident and was derailed, whereby plaintiff was seriously…
Read the full summary
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. On March 28, 1884, plaintiff (appellee) filed his petition in the Kaufman district court, and therein alleged in substance that on January 15, 1884, he and his wife, S. E. Hardin, took passage on one of defendant’s trains at Terrell to go to some point west on defendant’s line; that about 3 o’clock in the morning, in Parker county, the train met with an accident and was derailed, whereby plaintiff was seriously injured; that the accident was due to the defective condition of the track, and to the negligence and unskilfulness of…
1Opinion of the Court
Stayton, Associate Justice.
Application for a continuance was based on the absence of the testimony of certain witnesses who were named; and it shows that the appellant had made an effort to get their depositions by making out interrogatories and sending them to counsel for appellee, who promptly crossed them, and made an agreement waiving commissions and consenting that the depositions might be taken by any officer authorized to take depositions.
This was not the use of such means as the law furnishes to procure testimony. Arts. 2219, 2225, 2227, 2228, B. S., provide a means by which witnesses…
2Cases cited7 opinions
- Chilson v. ReevesTexas Supreme Court · 1867
- Campion v. AngierTexas Supreme Court · 1856
- McMahan v. BusbyTexas Supreme Court · 1867
- Wilson v. WilliamsTexas Supreme Court · 1860
- Baldessore v. StephanesTexas Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Little v. State ex rel. ParsellCourt of Appeals of Texas · 1890
- Taylor, Bastrop & Houston Railway Co. v. TaylorTexas Supreme Court · 1890
- Texas Midland Railroad v. CrowderCourt of Appeals of Texas · 1901
- St. Louis Southwestern Railway Co. v. BowlesCourt of Appeals of Texas · 1903
- Ferguson v. FergusonCourt of Appeals of Texas · 1928
17 more not listed; retrieve them via the Exa API.