Wichita Falls & W. Ry. Co. of Texas v. Hamman
Court of Appeals of Texas
Appeal from Collingsworth County Court; R. H. Cocke, Jr., Judge. Action by B. Hamman against the Wichita Falls & Wellington Railway Company of Texas. From a judgment of the county court for plaintiff, rendered on appeal from a justice’s judgment, defendant appeals.
1Opinion of the CourtHall, J.
[1] This is a suit for damages alleged to have resulted during the construction of appellant’s road through appellee’s premises. Appellee’s statement of his items of damages, as filed in the justice court, is in the form of an account. The first assignment of error complains of the ruling of the court upon defendant’s exceptions to plaintiff’s petition. Article 1603, Rev. Stat. 1895, provides that the pleadings in the justice court shall be oral, except where otherwise specially provided. The effect of this article, in eases like the one under consideration, is to provide that plaintiff’s…
2Cases cited8 opinions
- Industrial Lumber Co. v. Texas Pine Land Ass'nCourt of Appeals of Texas · 1903
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1892
- Missouri, Kansas & Texas Railway Co. v. MostyCourt of Appeals of Texas · 1894
- Batla v. GoodellCourt of Appeals of Texas · 1909
- Crystal Ice Manufacturing Co. v. San Antonio Brewing Ass'nCourt of Appeals of Texas · 1894
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