Houston & Texas Central Railway Co. v. Shults
Court of Appeals of Texas
Appeal from the County Court of Llano. Tried below before Hon. F. J. Johnson. The railroad company appeals from a judgment for plaintiff in a suit brought against it by Shults.
1Opinion of the Court
OPINION ON REHEARING.
STREETMAN, Associate Justice.
This appellant’s motion for rehearing, our attention is directed to a phase of the case which was not pointed out in the briefs in this cause. The damages claimed by appellee in his pleadings were itemized, and the total amount claimed was $649.68, with interest thereon from January 6, 1903. The judgment was rendered April 7, 1903, and awards plaintiff $663.78 as damages. A calculation of the interest for the time stated upon the amount of damages claimed, shows that the verdict was in excess of the amount claimed in the pleadings. This…
2Cited by3 opinions
- Texas-Mexican Ry. Co. v. SutherlandCourt of Appeals of Texas · 1916
- San Antonio, U. & G. Ry. Co. v. ErnstCourt of Appeals of Texas · 1919
- Dalton v. Realty Trust Co.Court of Appeals of Texas · 1928