Marshall & E. T. Ry. Co. v. Blackburn
Court of Appeals of Texas
Appeal from District Court, Upshur County; R. W. Simpson, Judge. Action by W. J. Blackburn against the 'Marshall & East Texas Railway Company. Judgment for plaintiff, and defendant appeals. It became necessary to remove and replace with another one a culvert under an embankment forming a part of appellant’s line of railway ■ near Rosewood.
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Appeal from District Court, Upshur County; R. W. Simpson, Judge. Action by W. J. Blackburn against the 'Marshall & East Texas Railway Company. Judgment for plaintiff, and defendant appeals. It became necessary to remove and replace with another one a culvert under an embankment forming a part of appellant’s line of railway ■ near Rosewood. Appellee and others, in appellant’s employ as section men, were detailed to do the work under the direction of one Yancey, appellant’s bridge foreman. The embankment was 10 or 12 feet high. To reach the culvert for the purpose of removing it, an excavation…
1Opinion of the Court
WILLSON, G. J.
(after stating the facts as above). [1] The suit was commenced by a petition filed in August, 1910, and continued from term to term until the June term, 1912, of the court, when appellant’s third application for a continuance was overruled. The action of the court in this respect, made the basis of the first assignment of error, will not be reviewed because not presented in a bill of exceptions as required by rule 70 for the government of county and district courts (142 S. W. xxii). Trabue v. Cook, 124 S. W. 456.
[2, 3] Appellee’s witness, Reynolds, qualified and testified (by…
2Cases cited9 opinions
- El Paso Southwestern Ry. Co. v. W.D. FothTexas Supreme Court · 1907
- El Paso & Southwestern Railroad v. FothCourt of Appeals of Texas · 1907
- Missouri, Kansas & Texas Railway Co. v. BaileyCourt of Appeals of Texas · 1909
- Ryan v. RaleyCourt of Appeals of Texas · 1907
- Birkman v. FahrentholdCourt of Appeals of Texas · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Darby v. WhiteCourt of Appeals of Texas · 1914
- Hanover Fire Ins. Co. of New York v. HuffCourt of Appeals of Texas · 1915
- Fort Worth & Denver City Ry. Co. v. MotleyCourt of Appeals of Texas · 1935
- Olds v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1921
- Consolidated Kansas City Smelting & Refining Co. v. SchulteCourt of Appeals of Texas · 1915
1 more not listed; retrieve them via the Exa API.