Halloran v. T. & N. O. R. R.
Texas Supreme Court
Appeal from Harris, Tried below before the Hon. George B. Scott. This case is chiefly remarkable for having been twice decided on the questions raised by the assignment-of errors by the former court, without jurisdiction, and after lingering upon its docket without final, decision until the period for suing out a writ of error had expired, being at last dismissed because the appeal had never been perfected.
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Appeal from Harris, Tried below before the Hon. George B. Scott. This case is chiefly remarkable for having been twice decided on the questions raised by the assignment-of errors by the former court, without jurisdiction, and after lingering upon its docket without final, decision until the period for suing out a writ of error had expired, being at last dismissed because the appeal had never been perfected. The case involved the question of the. responsibility of a railroad corporation in damages for- a tort inflicted upon an employe of the company through the negligence of another, employé,…
1Opinion of the Court
Devins, Associate Justice.-
The plaintiff, Michael Halloran, sued- the Texas and Hew Orleans Railroad Company for damages resulting in injuries received by him while working in the employ of the company. There was a verdict under the charge of the court in favor of defendant, a motion for-a new trial made by plaintiff, which was overruled, notice given-of an appeal on the twenty-ninth day of May, 1869, and on the fifteenth day of January, 1870, appellant made affidavit in forma-pauperis, and obtained the transcript of the record.
The cause is now presented for our consideration upon a motion…
2Cases cited3 opinions
- Randon v. BartonTexas Supreme Court · 1849
- Lyell v. Guadaloupe CountyTexas Supreme Court · 1866
- Prestige v. PrestigeTexas Supreme Court · 1860
3Cited by2 opinions
- Adkins v. HeardCourt of Appeals of Texas · 1914
- The PrestoCourt of Appeals for the Fifth Circuit · 1899