Legal Opinion

Houston & T. C. R'y Co. v. Cowser

Texas Supreme Court

Decided July 23, 1881No. Case No. 4452PublishedCited by 72 opinions

Error from Robertson. Tried below before the Hon. W. E. Collard. Suit brought July 26, 1880, by the defendants in error, Wm. R. Cowser and wife, against the Houston & Texas Central Railway Company, to recover damages resulting to them as the parents of Wm.

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Error from Robertson. Tried below before the Hon. W. E. Collard. Suit brought July 26, 1880, by the defendants in error, Wm. R. Cowser and wife, against the Houston & Texas Central Railway Company, to recover damages resulting to them as the parents of Wm. R. Cowser, Jr., on account of his death, which, it is alleged, occurred in Hearne, the 12th June, 1880, and was caused by the gross negligence and carelessness of the agents, servants and employees -of the railway company, in switching their cars. The evidence showed that Wm. R. Cowser was over twenty-one years old at the time of his injury…

1Opinion of the Court

Bonner, Associate Justice.

The only questions which are deemed necessary to be noticed in this case arise upon the first, sixth, eighth and eleventh errors assigned by the plaintiff in error, the Houston & Texas Central Railway Company, and upon the cross-assignment made by the defendants in error, Cowser and wife.

1. The first assigned error is that “ The court erred in overruling the defendant’s demurrer to the plaintiffs’ petition, because it appears from the face of the petition that the suit is ■ for damages to the plaintiffs for the death of their son, who is shown to be an adult, and the…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
  2. March v. WalkerTexas Supreme Court · 1877
  3. Southern Cotton Press & Manufacturing Co. v. BradleyTexas Supreme Court · 1880
  4. Houston & Texas Central Railroad v. NixonTexas Supreme Court · 1879

3Cited by72 opinions

  1. Sanchez v. SchindlerTexas Supreme Court · 1983
  2. Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
  3. Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
  4. I. G.N.R.R. Co. v. EdwardsTexas Supreme Court · 1906
  5. Brown v. SullivanTexas Supreme Court · 1888

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