St. Louis Southwestern Railway Co. v. Anderson
Court of Appeals of Texas
Appeal from the District Court of Titus County. Tried below before Hon. P. A. Turner. The judgment in plaintiff’s favor was first reversed and the cause remanded, in an opinion which has not been designated to be officially reported. On motion for rehearing by appellant, the judgment was ■reversed and rendered in favor of appellant. Writ of error was granted and this judgment, first affirmed by the Supreme Court, was, on motion for rehearing, reversed and the cause remanded.
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Appeal from the District Court of Titus County. Tried below before Hon. P. A. Turner. The judgment in plaintiff’s favor was first reversed and the cause remanded, in an opinion which has not been designated to be officially reported. On motion for rehearing by appellant, the judgment was ■reversed and rendered in favor of appellant. Writ of error was granted and this judgment, first affirmed by the Supreme Court, was, on motion for rehearing, reversed and the cause remanded. Anderson v. St. Louis S. W. By. Co., 104 Texas.
1Opinion of the Court
LEVY, Associate Justice.
— We are of the opinion that the appellant’s motion for rehearing should be granted and its assignments of error numbers 14 and 23 should be sustained. The assignments present the question of negligence vel non of appellee in the facts of the case.
As stated in the main opinion, shortly before appellee came down the track to the point of injury some cars were run in on the siding, and the switch properly set to the siding, for the purpose of bringing out a train-load of meat from the paekeries. An unexpected delay in icing the meat caused a delay of the train on the…
2Cases cited4 opinions
- Joske v. IrvineTexas Supreme Court · 1898
- Sanches v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1895
- Pleasants v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1897
- Hannibal & St. Joseph Railroad v. KanaleySupreme Court of Kansas · 1888
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- Panhandle & S. F. Ry. Co. v. TisdaleCourt of Appeals of Texas · 1917
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