Marshall v. Heard
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. •" Appellant brought this suit against J. S. Heard and Emerson, to recover damages on account of personal injuries received from a fall caused by a defective passage way leading from the second story of one building to the second story of another. Heard owned a two-story business house, and the Emersons owned a like house near to but not adjoining it.
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Appeal from Collin. Tried below before the Hon. Joseph Bledsoe. •" Appellant brought this suit against J. S. Heard and Emerson, to recover damages on account of personal injuries received from a fall caused by a defective passage way leading from the second story of one building to the second story of another. Heard owned a two-story business house, and the Emersons owned a like house near to but not adjoining it. It was alleged that there was a front awning or gallery to each on a level with the second floor; that there was a passage way between the two galleries.which constituted the usual…
1Opinion of the Court
Watts, J. Com. Apr. —
It appeal's from the allegations of appellant’s petition and amendments that he was not on the passage way at the invitation, either expressed or implied, of the appellees, or either of them ; but that he was .there of his own accord to see a tenant occupying one of the rooms in the second story of the storehouse of the Heards. These rooms upon the second floor wore rented to different persons as bed rooms and offices, while the Heards occupied the first story as a store for the sale of merchandise.
Nor does it appear from the allegations of the petition and amendments…
2Cases cited2 opinions
- Irvine v. . WoodNew York Court of Appeals · 1872
- Staple v. SpringMassachusetts Supreme Judicial Court · 1813
3Cited by14 opinions
- Flynn v. Pan American Hotel Co.Texas Supreme Court · 1944
- Morgan v. SheppardSupreme Court of Alabama · 1908
- Johnson v. Murray Co.Court of Appeals of Texas · 1936
- Goldstein Hat Mfg. Co. v. CowenCourt of Appeals of Texas · 1939
- Larson v. Calder's Park Co.Utah Supreme Court · 1919
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