Texas & Pacific Railway Co. v. Henson
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Midland County. Henson and others sued the Texas & Pac. By. Co. Defendant made the Ft. Worth Belt By. Co. a party, pleading over against it as the one solely causing the injury to cattle shipped for which plaintiff sought to recover. The Belt By. Co. pleaded its privilege to be sued in Tarrant County. The plea was sustained. Plaintiff recovered against defendant.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Midland County. Henson and others sued the Texas & Pac. By. Co. Defendant made the Ft. Worth Belt By. Co. a party, pleading over against it as the one solely causing the injury to cattle shipped for which plaintiff sought to recover. The Belt By. Co. pleaded its privilege to be sued in Tarrant County. The plea was sustained. Plaintiff recovered against defendant. The latter appealed, and on affirmance obtained writ of error.
1Opinion of the CourtChief Justice Gaines
R. W. Henson sued the Texas & Pacific Railway Company for delay and rough handling of a consignment of cattle shipped over its road from Stanton to Port Worth. The Texas & Pacific Railway Company in due time impleaded the Pt. Worth Belt Railway Company, alleging that if the cattle were injured in the transit the injury was caused by the neglect of the Pt. Worth Belt Railway Company, and ' asked that it be made a party defendant, which was done. That company pleaded, to the cross-action of the Texas & Pacific Railway Company, that its domicile was in Tarrant County and not in Midland County…
2Cited by9 opinions
- Barnes v. Providence SanitariumCourt of Appeals of Texas · 1921
- Chicago, Rock Island & Pacific Railroad v. BrittSupreme Court of Arkansas · 1934
- Galveston, Harrisburg & San Antonio Railway Co. v. American Grocery Co.Texas Supreme Court · 1931
- Kirby Lumber Co. v. EllisonCourt of Appeals of Texas · 1925
- Galveston Wharf Co. v. American Grocery Co.Court of Appeals of Texas · 1929
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