H. & T. C. R'y Co. v. Reason
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. On the 13th of October, 1879, between midnight and daylight, plaintiff, Jo Reason, went to defendant’s passenger depot at Denison for the purpose of taking the passenger train for Dallas. The depot being closed, plaintiff, standing on the platform, was struck by a moving car and received the injuries complained of without any fault or negligence, he alleged, on his part.
Read the full summary
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. On the 13th of October, 1879, between midnight and daylight, plaintiff, Jo Reason, went to defendant’s passenger depot at Denison for the purpose of taking the passenger train for Dallas. The depot being closed, plaintiff, standing on the platform, was struck by a moving car and received the injuries complained of without any fault or negligence, he alleged, on his part. The night was quite dark; there were no" lights in or about the depot; no lights upon the train or cars which injured him, and the cars were being run without…
1Opinion of the Court
Stayton, Associate Justice.—
The interrogatories filed by the defendant, to be answered by the plaintiff, were, in the main, such that the court could not know what fact should be taken as confessed on failure of the plaintiff to answer them, as by the statute he is required to do.
They call for no particular answer. To some of' them several answers might be given; the one as applicable as another. The statutes permit even leading questions to be propounded to the adverse party, and the interrogatories in such case, if the party propounding them wishes, in case of a failure of the adverse party…
2Cases cited6 opinions
- Robinson v. PerrySupreme Court of Georgia · 1857
- Hopkins v. Indianapolis & St. Louis RailroadIllinois Supreme Court · 1875
- Teall v. BartonNew York Supreme Court · 1863
- Weaver v. Ala. Coal Mining Co.Supreme Court of Alabama · 1859
- Crofut v. Brooklyn Ferry Co.New York Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Benoit v. WilsonTexas Supreme Court · 1951
- Western Cotton Oil Co. v. MayesCourt of Appeals of Texas · 1951
- Trumbull v. EricksonCourt of Appeals for the Eighth Circuit · 1899
- De Walt v. Houston East & West Texas Railway Co.Court of Appeals of Texas · 1900
- Galveston-Houston Breweries, Inc. v. NaylorCourt of Appeals of Texas · 1952
11 more not listed; retrieve them via the Exa API.