The Texas Civil Appeals Reports: Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas, Volume 33State of Texas, 1905 - Law reports, digests, etc Cases argued and determined in the Courts of Civil Appeals of the State of Texas. |
From inside the book
Results 1-5 of 100
Page 2
... trial court in sustaining a demurrer to their amended original petition , and requiring them to proceed with the trial of the case upon the theory that the plaintiffs could not recover if the injuries received by Mrs. Ellyson in the ...
... trial court in sustaining a demurrer to their amended original petition , and requiring them to proceed with the trial of the case upon the theory that the plaintiffs could not recover if the injuries received by Mrs. Ellyson in the ...
Page 3
... trial court upon this subject . Appellants in their eleventh assignment of error insist that if the railroad company could not be held liable for the injuries sustained by Mrs. Ellyson , it would nevertheless be liable for the ...
... trial court upon this subject . Appellants in their eleventh assignment of error insist that if the railroad company could not be held liable for the injuries sustained by Mrs. Ellyson , it would nevertheless be liable for the ...
Page 18
... trial court , and undoubtedly they would have received it . They will not be heard to first complain in an appellate court because the con- tract was proved by secondary evidence . There was no contention in regard to the rental ...
... trial court , and undoubtedly they would have received it . They will not be heard to first complain in an appellate court because the con- tract was proved by secondary evidence . There was no contention in regard to the rental ...
Page 22
... trial judge , that the suit was then and there instituted , and that it was during the second term of the court after the accrual of the action , still it was as fully brought to the second term as though appellees had been served with ...
... trial judge , that the suit was then and there instituted , and that it was during the second term of the court after the accrual of the action , still it was as fully brought to the second term as though appellees had been served with ...
Page 32
... trial court general and special exceptions contained in the second amended original answer to plaintiffs ' petition , and also their general and special excertions contained in the answer to the petition of intervention of D. Sullivan ...
... trial court general and special exceptions contained in the second amended original answer to plaintiffs ' petition , and also their general and special excertions contained in the answer to the petition of intervention of D. Sullivan ...
Other editions - View all
Common terms and phrases
acres admissible affirmed agent agreement alleged amount answer appellant appellant's appellee appellee's application assignment of error ASSOCIATE JUSTICE.-This attorney Bell County bond cause of action charge claim complained contention contract contributory negligence conveyed Corsicana County Court Dallas Electric Company damages Decided November deed defendant defendant's demurrer District Court duty effect engine error refused evidence executed facts favor filed Fort Worth Galveston Harris County held injuries issue judgment jurisdiction jury land in controversy liable lien ment mortgage opinion overruled paid parties payment person petition plaintiff in error pleaded Pogue purchase purpose question Railway Company reason received record recover rendered rule S. W. Rep San Antonio shown Sidney Webb statement statute sued sufficient suit sustained testified testimony Texas Civ Texas Ct thereof tion track train trial court Tried try title verdict wife witness Writ of error
Popular passages
Page 451 - The proximate cause of an event must be understood to be that which in a natural and continuous sequence, unbroken by any new, independent cause, produces that event, and without which that event would not have occurred.
Page 418 - The burden of proof is on the plaintiff to show by a preponderance of the testimony that the defendants, or one of them, was guilty of negligence which resulted directly in the death of the deceased.
Page 394 - On the contrary, the evidence clearly shows that the message sent for transmission was received by the Chickasha office in time to have been delivered, and the message described In the petition is clearly identified by the testimony of the agents of appellant. Appellant's fifth assignment of error complains that the court erred in overruling its motion for a new trial because the jury, without the appellant's knowledge and consent, in retiring to deliberate upon their verdict, carried with them a...
Page 12 - In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire. The appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree, shall submit their differences to the umpire; and the award, in writing, of any two, shall...
Page 606 - When the owner, manager or shipper of any freight of any kind shall make application in writing to any superintendent, agent or other person in charge of transportation of any railroad company, receiver or trustee operating a line of railway at any point that cars are desired upon which to ship any freight, it shall be the duty of such railroad company...
Page 361 - It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Page 683 - Negligence, constituting a cause of civil action, is such an omission, by a responsible person, to use that degree of care, diligence and skill which it was his legal duty to use for the protection of another person from injury as, in a natural and continuous sequence, causes unintended damage to the latter.
Page 606 - ... trustee or other person in, charge thereof to supply the number of cars so required at the point indicated in the application within a reasonable time thereafter, not to exceed six days from the receipt of such application, and...
Page 606 - When the cars are applied for under the provisions of this chapter, if they are not furnished, the railway company so failing to furnish them shall forfeit to the party or parties so applying for them the sum of...
Page 516 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.