Case law

Perkins v. Nail

37 S.W.2d 211 · Court of Appeals of Texas · Mar 13, 1931

Another group of propositions, being Nos. 7 to 16, inclusive, and Nos. 22 to 26, inclusive, are disposed of, or rendered immaterial by an announcement of the well-established rule of law that contributory negligence is no … by the trial judge as clearly to disclose no reversible error.

In re the Estate of Roberts

661 S.W.2d 177 · Court of Appeals of Texas · Sep 21, 1983

That the instrument proported [sic] to be the Holographic Will of Lois Bascom Roberts failed to completely describe the property mentioned therein and failed to describe clearly the location of where the land is situated … inasmuch as we have sustained other findings of the trial court which preclude the probate of the proffered instrument as a holographic will we deem it unnecessary to detail the reasons why the instrument further fails to qualify

Bernard Johnson, Inc. v. Continental Constructors, Inc.

630 S.W.2d 365 · Court of Appeals of Texas · Feb 10, 1982

It is difficult for me to understand how the majority can hold, as a matter of law, that an architect who is responsible for directing a building project is immune from all tort liability to a contractor whose work he is … The Taylor case cited above imposed liability for destruction of a house by fire, clearly a case of physical harm to the plaintiff's "thing."

Houston T. C. R. Co. v. Ellis

134 S.W. 246 · Court of Appeals of Texas · Jan 10, 1911

The standard established is that the railroad company must select the best devices in use for the purpose of arresting sparks and preventing the escape of fire from the locomotive, and it is said that a man of ordinary prudence … This case does not arise where some of the witnesses are clearly shown to have testified falsely, where such false testimony is not essential to support the verdict.

Washington v. City of Houston

60 S.W.2d 519 · Court of Appeals of Texas · Jan 31, 1933

The defendant in error city admits the soundness of the contention that the purported deed of Maggie Washington was void as such, since the- evidence conclusively established that she was a married woman at the time, but … The undisputed evidence shows that Maggie Washington and Ella Peterson acquired this property by inheritance from their father, Henry Goosby; that Ella Peterson was the duly qualified and acting independent executrix of their

De Borde v. Bryan

253 S.W.2d 63 · Court of Appeals of Texas · Sep 26, 1952

DeBorde, after his wife was declared insane, was appointed guardian of his wife’s estate on July 11, 1939 and qualified immediately thereafter. … The pleading sought title to the property and, to establish title, sought cancellation of the deed under which DeBorde claimed.

Langehennig v. Hohmann

365 S.W.2d 203 · Court of Appeals of Texas · Feb 6, 1963

The uncontroverted affidavits of the executor establish that all of these debts were paid prior to November, 1942. … The deed clearly reflects that the conveyance is from Janie Plohmann, and that Henry Hohmann joined merely pro forma.

TEXAS EMPLOYERS'INSURANCE ASSOCIATION v. Jenkins

357 S.W.2d 475 · Court of Appeals of Texas · Apr 23, 1962

hospital, the doctor that treated him and saved his life, and one that has no reason on this earth, ■Lady and Gentlemen, to tell you something he didn’t believe, and surely after fifty years of dealing with this, he would be qualified … The record in this case clearly shows that appellee at the time here in question was not doing his usual kind of work but was unusual and harder work, and the evidence clearly shows more exertion would be used in this unusual

Chrestman v. Tompkins

5 S.W.2d 257 · Court of Appeals of Texas · Mar 10, 1928

on the city shall, unless otherwise provided in this charter, be exercised by a mayor and four commissioners, who together shall be known and designated as the board of commissioners, all of whom shall be elected by the qualified … With reference to the legality of this employment, the court said: “If a city policeman be slain in the bona fide performance of his official duties, the city has implied, power, unless such power be clearly denied in its

Ishmael v. State

688 S.W.2d 252 · Court of Appeals of Texas · Apr 10, 1985

Brown established a sound basis for the language of the indictment. … Appellant claims this testimony was given without Gray having qualified as an expert. We disagree.

Chew v. Zweib

29 Tex. Civ. App. 311 · Court of Appeals of Texas · May 5, 1902

Tierwester survey is known and established and can be identified upon the ground. … Levy, his wife, Mary Levy, to whom he had devised all of his estate and who had qualified as executrix- of his will, conveyed to Henry Wiener and Isaac Levy a tract of 10 1-3 acres of land described as follows: “Ten and one-third

Travelers Insurance Company v. Solomon

454 S.W.2d 765 · Court of Appeals of Texas · Mar 18, 1970

Solomon qualified for benefits beyond those already paid to him. … determined and the rights of the parties established thereunder.

City of Brownwood v. Anderson

92 S.W.2d 325 · Court of Appeals of Texas · Mar 16, 1936

In order to exempt the deceased from contributory negligence, the burden was on appellee to establish the issue of his want of discretion. Duron v. Beaumont Iron Works (Tex.Com.App.) 9 S.W.(2d) 1104 ; City of Menard v. … Collins (Tex.Com.App.) 23 S.W. (2d) 295 , qualified in Id. (Tex.Com.App.) 25 S.W.(2d) 807 ; Speer on the law of special issues, page 369, § 249.” To the same effect are the holdings in Kansas City, M. & O. R.

Rogers v. RREF II CB Acquisitions, LLC

533 S.W.3d 419 · Court of Appeals of Texas · Nov 17, 2016

First, Exhibit 5 quite clearly did not originate from a third-party. It is a communication to Rogers from Wimmer, .who was the author of the business records affidavits. … ESTABLISHING SIGNATURE, ASSIGNMENT OF THE NOTE, AND AMOUNT OWING By his seventh issue, Rogers argues that RREF failed to establish three elements of a breach of promissory note claim: that Rogers signed (i.e., executed) the

Texas Employers' Ins. v. City of Tyler

283 S.W. 929 · Court of Appeals of Texas · Mar 9, 1926

That purpose is more clearly indicated by the definition of “employs” which followed. … Subscribers do not become such for profit, but for protection against liabilities difficult to escape, and to secure immunities which other laws deny to employers of labor. Middleton v. Power & Light Co., 185 S.

Dabney v. City of South Houston

93 S.W.2d 751 · Court of Appeals of Texas · Mar 9, 1936

Meador, its then mayor, duly elected and qualified, instructed the district clerk of Harris County to file no suits in the name of the City of South Houston until notified by him in writing. … The acts and omissions which the defendant alleged in its pleadings as .showing a negligent want of care which established ,the incompetence of plaintiff to perform the services required of him by his contract are: “(a) That

Gibraltar Savings Ass'n v. Franklin Savings Ass'n

617 S.W.2d 322 · Court of Appeals of Texas · May 20, 1981

The Commissioner purported to act under the provisions of several regulations established by the Savings and Loan Department. … [and] if same is granted it will cause undue harm to Southside Savings which is a newly chartered association not yet open for business; that in order to prove such facts it will be necessary to retain a competent and qualified

Gulf, Colorado & Santa Fe Railway Co. v. Matthews

28 Tex. Civ. App. 92 · Court of Appeals of Texas · Jan 25, 1902

If he is qualified to speak, and the jury believes that his opinion is fairly and truly given, his testimony would aid them in arriving at a conclusion. … This conclusion is clearly in accord with the rules of law governing the admission of such evidence, and is in line with the decision in Cooper v.

State v. Stone

271 S.W.2d 741 · Court of Appeals of Texas · Sep 23, 1954

Mills had died and his executor had qualified, but we do not so construe it. … Even so, we feel that, both on well established general principles of the common law and on the weight of authority, the cause of action asserted is clearly of a class which at common law survives.

Pecos & Northern Texas Railway Co. v. Willliams

34 Tex. Civ. App. 100 · Court of Appeals of Texas · Dec 19, 1903

The evidence to the effect that appellee and her father were too poor to employ a physician was clearly admissible in explanation, as offered, of the fact developed by appellant on cross-examination that no physician had … Appellee’s evidence, which has been established by the verdict of the jury, was to the effect that she was a passenger whose known destination was.