Texas & P. Ry. Co. v. Flowers

Court of Appeals of Texas

Texas & P. Ry. Co. v. Flowers

191 S.W. 1182, 1917 Tex. App. LEXIS 69

CourtCourt of Appeals of Texas

DecidedJanuary 11, 1917

DocketNo. 623.

StatusPublished

This text of 191 S.W. 1182 (Texas & P. Ry. Co. v. Flowers) 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.

Bluebook

Texas & P. Ry. Co. v. Flowers, 191 S.W. 1182, 1917 Tex. App. LEXIS 69 (Tex. Ct. App. 1917).

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Opinion

HARPER, C. J.

This is an appeal from a judgment in favor of Lizzie Flowers against the Texas & Pacific Railway Company for $2130.00 as damages for injuries to certain property and to her person occasioned by the breaking of the dam of appellant at Toyah, Texas.

This action grew out of the same acts of alleged negligence of appellant, Railway Company, and substantially the same pleadings and proof as in the case of Ella Frazer v. Texas & Pacific Railway Company, decided by this court in January, 1916, reported in 182 S. W. 1161, to which reference is here made for a more definite statement of the issues involved here. Because the assignments of error are substantially the same in both cases, the parties entered into a stipulation in writing and filed herein after the above opinion, to the effect that this case should abide the action of the Supreme Court upon the application of appellant for a writ of error. It having been brought to our attention by motion that the writ of error has been denied, and because, upon inspection and consideration of the record in this case, there appears to be no reversible error, same is in all things affirmed.

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HARPER, C. J.

This is an appeal from a judgment in favor of Lizzie Flowers against the Texas & Pacific Railway Company for $2130.00 as damages for injuries to certain property and to her person occasioned by the breaking of the dam of appellant at Toyah, Texas.

This action grew out of the same acts of alleged negligence of appellant, Railway Company, and substantially the same pleadings and proof as in the case of Ella Frazer v. Texas & Pacific Railway Company, decided by this court in January, 1916, reported in 182 S. W. 1161, to which reference is here made for a more definite statement of the issues involved here. Because the assignments of error are substantially the same in both cases, the parties entered into a stipulation in writing and filed herein after the above opinion, to the effect that this case should abide the action of the Supreme Court upon the application of appellant for a writ of error. It having been brought to our attention by motion that the writ of error has been denied, and because, upon inspection and consideration of the record in this case, there appears to be no reversible error, same is in all things affirmed.

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191 S.W. 1182, 1917 Tex. App. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-p-ry-co-v-flowers-texapp-1917.

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