Smith v. Atchison, T. & S. F. RY.
Texas Commission of Appeals
Error to Court of Civil Appeals of Second Supreme Judicial District. Suit by Mike E. Smith and others against Atchison, Topeka & Santa Fé Railway Company, L. M. Dunaway, and others to set aside a settlement between the named defendants as a fraud upon the rights of plaintiffs as attorneys for defendant Dunaway, in which defendant Dunaway filed an answer and cross-bill alleging the settlement was invalid, and asking damages for personal injuries.
Read the full summary
Error to Court of Civil Appeals of Second Supreme Judicial District. Suit by Mike E. Smith and others against Atchison, Topeka & Santa Fé Railway Company, L. M. Dunaway, and others to set aside a settlement between the named defendants as a fraud upon the rights of plaintiffs as attorneys for defendant Dunaway, in which defendant Dunaway filed an answer and cross-bill alleging the settlement was invalid, and asking damages for personal injuries. A judgment in favor of the plaintiffs and defendant Dunaway against the defendant railway company was reversed, and judgment rendered for the railway…
1Opinion of the Court
TAYLOR, P. J. L. M.
Dunaway, one of the plaintiffs in error, an employee of defendant in error railway company, was injured *291while at work unloading a ear with George-Bridwell, a coemployee. On November 11, 1913, a settlement was had between Dunaway and the company, the former executing a release of all claims growing out of his injuries, in consideration of payment by the latter of the sum of $3,750.
On December 5, 1913, this suit was instituted by Mike E. Smith, L. M. Levy, and G. W. Dunaway, attorneys, against defendant in error railway company, the Pecos & North Texas Railway, the First…
2Cases cited7 opinions
- Lee v. International & Great Northern Railway Co.Texas Supreme Court · 1896
- Wininger v. Ft. Worth & Denver City Railway Co.Texas Supreme Court · 1912
- North American Accident Ins. Co. v. MillerCourt of Appeals of Texas · 1917
- International & Great Northern Railroad v. ShufordCourt of Appeals of Texas · 1904
- Beck v. Texas Co.Texas Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Texas Employers Insurance v. KennedyTexas Supreme Court · 1940
- Atchison, Topeka & Santa Fe Railway Co. v. PetersonArizona Supreme Court · 1928
- Egli v. HuttonOregon Supreme Court · 1931
- Southwestern Greyhound Lines, Inc. v. BuchananCourt of Appeals for the Fifth Circuit · 1942
- Fort Worth & D. C. Ry. Co. v. HarleCourt of Appeals of Texas · 1922
6 more not listed; retrieve them via the Exa API.