E. L. & R. R. Ry. Co. v. Scott
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P. McLean. This was a suit for damages brought by John S. Scott against the East Line So Bed Biver Railroad Company on May 8, 1886. The petition claimed that plaintiff was in the employment of the company on the engine of its pile-driver, and on February 6, 1886, was injured by the explosion of the boiler. There was a judgment by default for $1,500 damages.
1Opinion of the Court
Gaines, Associate Justice.
This suit was brought by appellee against appellants, and [the citation was returnable to the May term, 1886, of the district court of Marion county. The writ is not embodied in the transcript, but it is to be inferred that it was served a sufficient length of time before the return day thereof, to compel an answer at that term, if the defendant wished to make defense. The first day of the term, as fixed by law, was Monday, May 17. On Friday, May 21, the appearance docket was called, and the case was regularly reached on the call, when it appearing that no answer had…
2Cases cited1 opinion
- Moore v. JanesTexas Supreme Court · 1851
3Cited by2 opinions
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- Rowe v. SpencerTexas Supreme Court · 1888