Legal Opinion

Hicks v. I. & G. N. R'y Co.

Texas Supreme Court

Decided June 17, 1884No. Case No. 5062PublishedCited by 9 opinions

Appeal from. Rusk. Tried below before the Hon. A. J. Booty. On the 15th day of July, 1879, appellant filed in the district court of Rusk county an original amended petition against appellee, charging it with gross negligence-in its management, whereby physical injuries resulted to him.

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Appeal from. Rusk. Tried below before the Hon. A. J. Booty. On the 15th day of July, 1879, appellant filed in the district court of Rusk county an original amended petition against appellee, charging it with gross negligence-in its management, whereby physical injuries resulted to him. On the 6th day of January, 1880, defendant filed an amended original answer, in which it demurred generally and specially, pleaded general denial, and specially that at the time the injuries complained of by appellant were inflicted the railway was in the hands of B. S. Hays, as receiver, by order of the…

1Opinion of the Court

Stayton, Associate Justice.

This action was brought by the appellant against the appellee to recover damages for injuries which he alleged were received through the negligence of the appellant or its servants.

It appears that at the time appellant was injured, the railway of the appellee, with all its appurtenances, was in the exclusive control and management of R. S Hays, who had been appointed receiver of the property of the appellee by the circuit court of the United States, at the suit of certain of its mortgage bond holders. The receiver, by the order appointing him, was directed to…

2Cases cited1 opinion

  1. Ryan v. HaysTexas Supreme Court · 1884

3Cited by9 opinions

  1. Houston & Texas Central Railway Co. v. CrawfordTexas Supreme Court · 1895
  2. Dallas Electric Co. v. MitchellCourt of Appeals of Texas · 1903
  3. Eckels v. FarleyAppellate Court of Illinois · 1907
  4. Holman v. Galveston, Harrisburg & San Antonio Railway Co.Court of Appeals of Texas · 1896
  5. Howe, Receiver v. St. ClairCourt of Appeals of Texas · 1894

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