Corsicana Transit Co. v. Walton
Court of Appeals of Texas
Appeal from District Court, Navarro County; H. B. Daviss, Judge. Action by W. W. Walton against the Corsi-cana Transit Company, the Corsicana Gas & Electric Company, and the Southern Traction Company. Judgment for plaintiff, and defendants appeal. This is an action by the appellee for damages for the alleged wrongful death of his child two years old.
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Appeal from District Court, Navarro County; H. B. Daviss, Judge. Action by W. W. Walton against the Corsi-cana Transit Company, the Corsicana Gas & Electric Company, and the Southern Traction Company. Judgment for plaintiff, and defendants appeal. This is an action by the appellee for damages for the alleged wrongful death of his child two years old. The street car struck and killed the child at the street crossing of Third avenue in the city of Corsicana on January 31, 1913. The petition alleged that the Corsicana Transit Company owned the line of street railway and the street car, that the…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellant Corsicana Gas & Electric Company predicates error upon the refusal of the court to peremptorily instruct, as requested, a verdict in its favor, because the evidence fails to show it to be liable under the statute for the death of the child. The petition fairly charged, as we interpret it, the two things: (1) That the Gas & Electric Company and the Transit Company were operating a street, railway “as a copartner-, ship,” or jointly, and (2) that the Gas & Electric Company “owned” the street railway property. We concluded that the Corsicana…
2Cases cited5 opinions
- Texas Trunk Railway Co. v. Jackson Bros.Texas Supreme Court · 1893
- Lipscomb v. Houston & Texas Central Railway Co.Texas Supreme Court · 1901
- White v. Pecos Land & Water Co.Court of Appeals of Texas · 1898
- State ex rel. Attorney General v. Fidelity Loan & Trust Co.Supreme Court of Iowa · 1901
- Lange v. BurkeSupreme Court of Arkansas · 1901
3Cited by12 opinions
- Solomon v. Greenblatt, Texas Court of Appeals, 5th District (Dallas)1991
- Harper v. Lott Town & Improvement Co.Texas Commission of Appeals · 1921
- Burkburnett Refining Co. v. IlsengTexas Supreme Court · 1927
- Lyon-Gray Lumber Co. v. Gibraltar Life Ins.Texas Commission of Appeals · 1925
- Butcher v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1918
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