Western Union Telegraph Co. v. Smith
Court of Appeals of Texas
Appeal from District Court, Coleman County; J. P. Ledbetter, Special Judge. Action by N. H. Smith against the Western Union Telegraph Company. Erom a judgment for plaintiff, defendant appeals.
1Opinion of the Court
KEY, O. J.
Upon the former appeal in this case, the judgment was reversed because of error in not sustaining a general demurrer to the plaintiff’s petition. W. U. Tel. Co. v. Smith, 133 S. W. 1003. The ease was tried again, and judgment rendered for the plaintiff, and the defendant has appealed.
When the case went back, the plaintiff filed an amended petition, which contained no averments that were inconsistent with the averments contained in the first petition, but which supplied the defects pointed out in our former opinion. We held on the former appeal that the petition then under…
2Cases cited6 opinions
- Tarkinton v. C. E. Broussard & Co.Texas Supreme Court · 1879
- Killebrew v. StockdaleTexas Supreme Court · 1879
- Becker v. Gulf City Street Railway & Real Estate Co.Texas Supreme Court · 1891
- Kauffman v. WootersTexas Supreme Court · 1890
- Coleman v. ColemanCourt of Appeals of Kentucky · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kell Milling Co. v. Bank of MiamiCourt of Appeals of Texas · 1914
- Texas Employers Ins. Ass'n v. Humble Oil & Refining Co.Court of Appeals of Texas · 1937
- City of Eastland v. OwenCourt of Appeals of Texas · 1932
- Ford Motor Co. v. Maddox Motor Co.Court of Appeals of Texas · 1932
- Sheldon Independent School District v. M. L. Hudson Electric Co.Court of Appeals of Texas · 1978
4 more not listed; retrieve them via the Exa API.