Legal Opinion

Sumner v. Kinney

Court of Appeals of Texas

Decided April 12, 1911PublishedCited by 18 opinions

Appeal from District Court, Jeff Davis County; W. C. Douglas, Judge. Action by P. W. Kinney against C. E. Sumner. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtJames, C. J.

This is an action by Kinney for damages, alleging that appellant, Sumner, unlawfully, wrongfully, and maliciously assaulted plaintiff by striking him with his fist a severe and stunning blow upon his face or head, knocking him down the stone steps of the Brewster county courthouse to the ground, and after he fell upon the .ground, and while he was in a stunned and helpless condition, continued the assault by stamping plaintiff in the face with his shoes.

Plaintiff alleged his injuries to have been .serious and permanent, specifying same, alleging physical and mental anguish; that night after…

2Cases cited4 opinions

  1. San Antonio Street Railway Co. v. HelmTexas Supreme Court · 1885
  2. Houston & Texas Central Railroad v. JohnsonTexas Supreme Court · 1910
  3. Johnson v. DailyMissouri Court of Appeals · 1909
  4. Shinn v. United Railways Co.Missouri Court of Appeals · 1910

3Cited by18 opinions

  1. Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
  2. Southwestern Bell Telephone Co. v. FerrisCourt of Appeals of Texas · 1935
  3. Texas and New Orleans Railroad Company v. FlowersCourt of Appeals of Texas · 1960
  4. Alamo Iron Works v. PradoCourt of Appeals of Texas · 1920
  5. Speer v. StateCourt of Appeals of Texas · 1937

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