Baty v. McGinty

Court of Appeals of Texas

Baty v. McGinty

153 S.W. 914, 1913 Tex. App. LEXIS 609

DecidedJanuary 30, 1913

StatusPublished

This text of 153 S.W. 914 (Baty v. McGinty) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baty v. McGinty, 153 S.W. 914, 1913 Tex. App. LEXIS 609 (Tex. Ct. App. 1913).

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Opinion

HIGGINS, J.

Action by Mary Baty, wife, ^ * ^ and W. P. M. Baty and Sophronia Baty, fa- * ther and mother, against McGinty for damages arising out of the alleged negligent killing of Herbert Baty. Upon trial a peremptory instruction in favor of the defendant was given, the court assigning no reasons for giving the same, and under the first assignment the proposition is advanced that the giving of such charge, without assigning the reasons therefor, is reversible error. This position is not well taken.

Prior to the transfer of the cause to this court, and while the .same was pending in the Court of Civil Appeals, at Galveston, the statement of facts was stricken out. The remaining assignments present questions which cannot be reviewed, in the absence of such statement.

No error appearing, the judgment is therefore affirmed.

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HIGGINS, J.

Action by Mary Baty, wife, ^ * ^ and W. P. M. Baty and Sophronia Baty, fa- * ther and mother, against McGinty for damages arising out of the alleged negligent killing of Herbert Baty. Upon trial a peremptory instruction in favor of the defendant was given, the court assigning no reasons for giving the same, and under the first assignment the proposition is advanced that the giving of such charge, without assigning the reasons therefor, is reversible error. This position is not well taken.

Prior to the transfer of the cause to this court, and while the .same was pending in the Court of Civil Appeals, at Galveston, the statement of facts was stricken out. The remaining assignments present questions which cannot be reviewed, in the absence of such statement.

No error appearing, the judgment is therefore affirmed.

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153 S.W. 914, 1913 Tex. App. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baty-v-mcginty-texapp-1913.