Case law

Galveston, Harrisburg & San Antonio Railway Co. v. Gillespie

48 Tex. Civ. App. 56 · Court of Appeals of Texas · Dec 4, 1907

All of said persons testified to the conditions they found, qualified themselves as experts and gave it as their conclusion that excessive speed was the cause of Gillespie’s derailment, Marks testifying that he must have … The charge is clearly not subject to the objection.

In re K.P.

498 S.W.3d 157 · Court of Appeals of Texas · May 26, 2016

So that clearly isn’t relevant to any issue in this case. And if the purpose of it is to try to show (o) then—then, clearly it’s not admissible because .the Court rejected the termination in the 2012. … service plans, rejection of the Department’s attempts to help her with her own mental illness, continued drug use, and failure to maintain consistent contact with KP or work towards obtaining a stable living arrangement qualify

Booth v. City of Dallas

179 S.W. 301 · Court of Appeals of Texas · Jul 3, 1915

ordinance of which section 9 is a part does not, in our opinion, expressly or impliedly undertake to interfere with the free and undeniable right of the citizen to engage in any other lawful pursuit or business for which he may qualify … By the enactment of section 15 and the ordinance creating the office of inspector, it clearly and fully exercised that discretion, and directed; that thereafter each motor bus should be examined and inspected in all of its

Valcarcel v. State

718 S.W.2d 368 · Court of Appeals of Texas · Aug 28, 1986

At the hearing on the motion for new trial, trial counsel, who had been retained by the defendants, stated that he explained the concept of interspousal immunity to both defendants. … This statement is clearly in contradiction to the evidence. Even though the consent to search form was apparently not signed until a later time, there is evidence the warnings were given prior to appellant’s statement.

Robinson, Timothy Lee

Court of Appeals of Texas · Mar 17, 2015

IT IS CLEARLY ESTABLISHED IN BRIEFS AND OPINIONS OF THE COURT'S THERE WAS A CONSENSUAL RELITIGATION IN THE PRESENT CASE. TRIAL COURT ABUSE OF DISCRETION ? … ESTABLISH VIOLATIONS OF THE TEXAS TRANSPORTATION CODES, HOWEVER, IN ORDER TO ESTABLISH TRAFFIC VIOLATIONS UPON THE STREETS AND BYwAYS FOR VEHICULAR TRAVEL WITHIN THEIR JURISDICTION THEY ARE ro APPLY THE ESTABLISHED CITY

Trelltex, Inc. v. Intecx, L.L.C.

494 S.W.3d 781 · Court of Appeals of Texas · Mar 15, 2016

The trial court’s findings establish elements of Texcel’s limitations defense by charting when the underpayments .occurred. … ECO Res., Inc., 401 S.W.3d 35, 40 (Tex.2012) (“[W]e have said that to qualify for fees under the statute, a litigant must' prevail on a breach of contract claim and recover damages”); see also Tex. Civ.

American Indemnity Co. v. Board of Trustees

200 S.W. 592 · Court of Appeals of Texas · Jan 2, 1918

The language is that usually employed in drafting a condition precedent ; the paragraph embraces all the obligations imposed upon the trustees; and we think the intention clearly appears from the entire instrument that the … Bradley, 17 Wend. 422 , where Bronson, J., speaking for the court, says: ‘The question is not whether the conditions by which he has thought proper to qualify his liability were either reasonable or unreasonable, nor whether

Parks v. Missouri, K. & T. R. of Texas

19 S.W.2d 373 · Court of Appeals of Texas · May 25, 1929

The appellee railroad company extended its line of railway through the city of Port Worth and into and through I-Iyde Park addition in the southeast part of the city, where it established its switch yards. W. C. … It is our opinion that the phrase ‘be material’ applies to, and qualifies, the whole of article 2234.” It was said by Judge Leddy, of the Commission of Appeals, in the late case of St. Louis, B. & M. Ry. Co. v.

Curry v. Texas Co.

18 S.W.2d 256 · Court of Appeals of Texas · Mar 22, 1929

It is sufficient, for purposes of the present inquiry, that it does not clearly appear to be a limitation rather than a condition subsequent. … If the last-named conditions did not exist, there would be no way to establish the presumption, and, of course, it could not be made to operate.

Penix v. First Nat. Bank of Paris

260 S.W.2d 63 · Court of Appeals of Texas · Jun 4, 1953

We think the foregoing references to the various provisions of the will clearly disclose that Mrs. … * or for other cause, in the discretion of the court having jurisdiction, may, on petition of any person actually interested, after hearing, be removed by such court * * The expression “in the discretion of the court”, qualifies

Clarke v. Adam

30 Tex. Civ. App. 66 · Court of Appeals of Texas · Jun 17, 1902

This was not dependent on the testimony of plaintiff, but was clearly made to appear by the acts and declarations of defendants by which the fact was conceded. … The efforts of defendants to establish the offsets pleaded by them was in the nature of an effort to foreclose a lien, and it devolved upon them to establish the amount of their demand.

State v. City of Dallas

319 S.W.2d 767 · Court of Appeals of Texas · Dec 17, 1958

The grant of authority by virtue of which defendant companies have located *771 their facilities within the public rights of way is not absolute; to the contrary, it is qualified and conditional and are subordinate to the … Clearly the construction of State highways is a governmental or public purpose and in the public interest.

United Employers Casualty Co. v. Marr

144 S.W.2d 973 · Court of Appeals of Texas · Oct 24, 1940

In such case it is his right and duty to so answer that he may state the truth and have the jury clearly understand his answer. 44 Tex.Jur. 1103; Owens v. State, Tex.Cr.App., 96 S.W. 31 ; Texas Central Ry. Co. v. … It is uniformly held in this state that statements made by patients to their physician as to subjective symptoms for the purpose of qualifying such physician to testify and not for the purpose of treatment are inadmissible

City of El Paso v. Carroll

108 S.W.2d 251 · Court of Appeals of Texas · Jul 15, 1937

law, for the fiscal year beginning March 1,1937, and each fiscal year thereafter, a school tax on all of said property aforesaid, in an amount not to exceed that which has been heretofore or may hereafter be voted by the qualified … Clearly the expression, ‘taxes herein authorized,’ negatives any other taxation for school purposes than that expressly authorized in the constitution.”

Texas Water Com'n v. Lakeshore Utility, Co., Inc.

877 S.W.2d 814 · Court of Appeals of Texas · Jun 22, 1994

Lakeshore also points to the Commission’s valuation of Lakeshore’s invested capital at $7,204, arguing that this value is clearly inadequate, since no utility could provide water and sewer services to 111 customers with only … As we have stated, Lakeshore failed to prove pursuant to the requirements of the Water Code the value of the facilities to qualify as invested capital.

Houston Belt & Terminal Ry. Co. v. Wilson

165 S.W. 560 · Court of Appeals of Texas · Mar 17, 1914

W. 280 . [2-4] It is also tbe well-established rule that, in a suit for damages growing out of permanent injury to real estate, but one recovery can be bad for tbe wrong inflicted, and that, in arriving at tbe amount of tbe … The witnesses qualified to testify as to values may give their opinions as to the difference in value before and after, and, in forming their opinion, may take into consideration the past and present effect of the construction

State v. Hall

76 S.W.2d 880 · Court of Appeals of Texas · Nov 5, 1934

Federal census, for the purpose of defining and undertaking to eliminate unfair competition and practices in the production and distribution of milk and milk products, a Board, the members of which, named above, were duly qualified … by itself; since in our opinion no such presumption may be properly indulged, it follows that this act is so drawn that by its plain and explicit *886 provisions it is made to apply to Harris county alone, lienee falls clearly

Missouri, K. & T. Ry. Co. v. Rockwall County Levee Imp. Dist. No. 3

266 S.W. 163 · Court of Appeals of Texas · Jun 28, 1924

After such commissioners qualify and issue the necessary notice and hold a hearing, they are required to “reduce their decision to writing, stating therein the amount of damages due to the owner of such real estate, if any … also (unless it abandons or surrenders its right to cross the creek at or in the vicinity of the present crossing) to erect at its own expense and maintain a new bridge for crossing that will conform to the regulations established

Panhandle & S. F. Ry. Co. v. Andrews

278 S.W. 478 · Court of Appeals of Texas · Dec 9, 1925

That the court’s charge clearly embodies the law applicable to this case is shown by the following decisions: St. Louis & S. F. Ry. Co. v. Beets, 75 Kan. 295 , 89 P. 683 , 10 L. R. A. (N. S.) 571, and note; H. & T. C. … The effect of the Carmack Amendment and subsequent act by Congress relating to interstate commerce is to re-establish the rule of the common law with reference to interstate shipments of live stock. Adams Express Co. v.

Southwestern Bell Telephone Co. v. Ramsey

542 S.W.2d 466 · Court of Appeals of Texas · Sep 30, 1976

Before discussing the points of error, we will undertake to summarize some of the pertinent facts established by the evidence. … Appellee Ramsey, who qualified as an expert witness, testified that in placing a value on the land covered by the two leases, he used the capitalization of income approach.