Beaty v. Missouri, Kansas & Texas Railway Co.
Texas Supreme Court
Motion for rehearing on a refused application for writ of error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Beaty sued the Missouri, Kansas & Texas and the Cotton Belt railways for injuries received while a passenger on the train of the former, • A peremptory instruction in favor of defendants was given on the trial. Beaty appealed, and on affirmance (175 S. W., 450) applied for writ of error.
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Motion for rehearing on a refused application for writ of error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Beaty sued the Missouri, Kansas & Texas and the Cotton Belt railways for injuries received while a passenger on the train of the former, • A peremptory instruction in favor of defendants was given on the trial. Beaty appealed, and on affirmance (175 S. W., 450) applied for writ of error. The writ was refused per curiam, without written opinion, on April 5, 1916. Motion for rehearing was overruled per curiam, and without written opinion, on…
1DissentJustice Hawkins
delivered the following dissenting opinion on the overruling of applicant’s motion for rehearing on his petition for writ of error.
The following statement of this case is from the opinion of our Court of Civil Appeals for the Third Supreme Judicial District, 175 S. W., 450:
"The Missouri, Kansas & Texas Bailway Company of Texas, hereinafter called the Katy, on the 30th day of April; 1913, ran an excursion train from Waco to Dallas, and return, upon which appellant was a passenger. On the return trip, a short way out from the Katy depot, that company’s track approaches within a short distance…
2Cases cited47 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. BighamTexas Supreme Court · 1896
- Cartwright v. CanodeTexas Supreme Court · 1914
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Southern Railway Co. v. WebbSupreme Court of Georgia · 1902
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3Cited by3 opinions
- Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992
- Erck v. ZeliosCourt of Appeals of Texas · 1966
- Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992