Hadley v. Upshaw
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. P. W. Gray. The appellee brought this suit against the appellant for some fifty dollars in money and for the value of a gold watch and a gold masonic emblem, which were stolen from the plaintiff on the night of December 1st, 1858, from his room in the Fannin House, at Houston, a hotel of which the defendant was the proprietor and keeper.
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Appeal from Harris. Tried below before the Hon. P. W. Gray. The appellee brought this suit against the appellant for some fifty dollars in money and for the value of a gold watch and a gold masonic emblem, which were stolen from the plaintiff on the night of December 1st, 1858, from his room in the Fannin House, at Houston, a hotel of which the defendant was the proprietor and keeper. The defendant pleaded a general denial, and specially that the loss was occasioned by the negligence or carelessness of the plaintiff himself in not fastening the door of his room by the lock and-key and inside…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in permitting the plaintiff below to read in evidence his own deposition. The defendant had propounded interrogatories to the plaintiff in accordance with the provisions of the act of the 5th of February, 1858.' The defendant declined to read the answers of the plaintiff, and objected to their introduction by the plaintiff, on the ground that the interrogatories had not been crossed by the plaintiff. The rule that interrogatories must be crossed in order to give both parties the right to introduce the answers to them in evidence, does not…
2Cases cited1 opinion
- Fowler v. DorlonNew York Supreme Court · 1856
3Cited by14 opinions
- Shiman Bros. v. Nebraska National Hotel Co.Nebraska Supreme Court · 1945
- Ivy v. IvyCourt of Appeals of Texas · 1908
- Driskill Hotel Co. v. AndersonCourt of Appeals of Texas · 1929
- Perdue v. PerdueTexas Supreme Court · 1920
- Southwestern Hotel Co. v. RogersTexas Supreme Court · 1945
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