Kelly v. Texas & Pacific Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from El Paso County. Kelly and wife sued the railway company for personal injuries received by the wife. On appeal, by defendant, the judgment was reversed, and appellees, the plaintiffs, obtained writ of error on the ground that the ruling practically settled the case.
1Opinion of the Court
GAIFTES, Chief Justice.
The judgment of the trial court in this ease was reversed by the Court of Civil Appeals and the cause was remanded. The appellees applied for a writ of error, and in order to give us jurisdiction alleged in their petition for the writ of error that the decision of the appellate court “practically settled the case.” We concurred in that view and as a matter of course granted the writ.
We are of the opinion that the Court of Civil Appeals correctly decided that there could be no recovery under the facts proved upon the trial, and deem it unnecessary to add anything to the…
2Cited by3 opinions
- Fort Worth & D. C. Ry. Co. v. GarrettCourt of Appeals of Texas · 1930
- Fountain v. Houston E. & W. T. R. Co.Court of Appeals of Texas · 1927
- St. Louis Southwestern Ry. Co. of Texas v. CaudleCourt of Appeals of Texas · 1922