Legal Opinion

Texas Midland Railroad v. Monroe

Texas Supreme Court

Decided November 19, 1919No. 2575PublishedCited by 11 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hunt County. Monroe sued the Railroad Co. and recovered judgment which was affirmed on defendant’s appeal (155 S. W., 973). Thereupon appellant obtained writ of error. The case was referred to the Commission of Appeals, Section B, and by them recommended for reversal; but the opinion was afterwards withdrawn and the case set for submission in the Supreme Court.

1Opinion of the CourtChief Justice Phillips

The ease grows out of what was charged as the negligent shooting of the plaintiff, J. H. Munroe, by the conductor of the train of the railroad company upon which the plaintiff was a passenger.

Another passenger was E. N. Riley. Both were apparently well acquainted with the conductor. At Riley’s request the conductor permitted the two to enter an empty chair-car. not in use in the train, in order that they might privately hold a business conversation. Later, the conductor came through the car. He had in his pocket a small calibre automatic pistol. The plaintiff had seen the ■pistol in his…

2Cited by11 opinions

  1. Gaines v. KellyTexas Supreme Court · 2007
  2. Longoria v. Atlantic Gulf Enterprises, Inc.Court of Appeals of Texas · 1978
  3. St. Louis, Southwestern Ry. Co. of Texas v. PrestonTexas Commission of Appeals · 1921
  4. Goodrum v. StateCourt of Appeals of Texas · 1942
  5. Wichita Valley Ry. Co. v. TurbevilleCourt of Appeals of Texas · 1924

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