Missouri, Kansas & Texas Railway Co. v. Chenault
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, ia an appeal from Dallas County. Chenault recovered from the railway company, in the District Court, damages and penalty for failure to construct a crossing over its right of wa)r within plaintiff’s inclosure. On affirmance thereof upon appeal by the company, it obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
John J. Chenault brought suit in the District Court of Dallas County, against the plaintiff in error, for the penalty prescribed by articles 4427-4433, Revised Statutes, and for actual damages for the failure of the plaintiff in error to put in a crossing within the inclosure of said Chenault, and upon trial verdict and judgment were rendered against the railway company for $500 actual damages and $5500 penalties under the statutes.
The following are the facts stated by the Court of Civil Appeals: “ ‘It is agreed in the above cause, as established without the necessity…
2Cases cited2 opinions
- Schloss v. Atchison, Topeka & Santa Fe Railway Co.Texas Supreme Court · 1893
- Dean v. LyonsTexas Supreme Court · 1877
3Cited by7 opinions
- Sabine Motor Co. v. W. C. English Auto Co.Texas Commission of Appeals · 1927
- Town of Jacksonville v. McCrackenTexas Commission of Appeals · 1921
- Missouri, Kansas & Texas Railway Co. v. HanacekTexas Supreme Court · 1900
- Fort Worth & D. C. Ry. Co. v. BrewerCourt of Appeals of Texas · 1928
- Hines v. BakerTexas Supreme Court · 1923
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