Drake v. San Antonio & Aransas Pass Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Drake sued the railway for personal injuries received while in its employ, and recovered judgment. The Court of Civil Appeals reversed and rendered judgment for defendant. Appellee, plaintiff below, then obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
Plaintiff in error, as plaintiff in the district court, recovered a judgment against defendant in error, as defendant, for damages for a personal injury sustained by plaintiff while in the service of defendant. This judgment was reversed by the Court of Civil Appeals on the ground that both the pleadings and evidence showed that “plaintiff has no case,” and that court rendered final judgment in favor of defendant.
The question is whether or not the Court of Civil Appeals, after having reversed the judgment, erred in finally adjudicating the controversy. Ho especial…
2Cases cited3 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Gulf, Colorado & Santa Fe Railway Co. v. LarkinTexas Supreme Court · 1904
- Gulf, West Texas & Pacific Railway Co. v. SmithCourt of Appeals of Texas · 1904
3Cited by34 opinions
- Texarkana & Fort Smith Railway Co. v. FrugiaCourt of Appeals of Texas · 1906
- J. H. W. Steele Co. v. DoverCourt of Appeals of Texas · 1914
- Southwestern Portland Cement Co. v. McBrayerCourt of Appeals of Texas · 1911
- St. Louis & Southwestern Railway Co. v. SchulerCourt of Appeals of Texas · 1907
- St. Louis Southwestern Ry. Co. of Texas v. EwingTexas Commission of Appeals · 1920
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