Texas & P. Ry. Co. v. Corr.

Decision Date09 June 1910
Citation130 S.W. 185
PartiesTEXAS & P. RY. CO. v. CORR et al.
CourtTexas Court of Appeals

Appeal from District Court, Tarrant County; W. T. Simmons, Judge.

Action by R. L. Corr against the Texas & Pacific Railway Company. The North Texas Traction Company was made a party defendant. From a judgment in favor of plaintiff and the North Texas Traction Company, the Texas & Pacific Railway Company appeals. Affirmed.

W. L. Hall and Spoonts, Thompson & Barwise, for appellant. Orrick & Terrell, for appellee Corr.

HODGES, J.

This suit was instituted by the appellee, Corr, against the appellant railway company to recover the sum of $1,000 for damage to furniture and fixtures contained in his place of business, resulting from a derailed car coming in contact with his house. Appellee was engaged in the saloon business in Ft. Worth, in a building situated within a few feet of appellant's railway track. While some of appellant's cars were being pushed along the track near the building one of them became derailed, struck the wall of the house, and caused the damage complained of.

The appellant in its answer sought to have the North Texas Traction Company made a party defendant, in order that it might have judgment over against it for whatever sum Corr might recover. It was alleged by the appellant, in its application to have the traction company made a party, that the latter company had built and constructed a line of street railway upon and along Front street which intersected the track of the appellant near the building occupied by the appellee; that in order to make the connection over and across the track of appellant, the traction company put in, at the point of intersection, frogs, rails, and appurtenances necessary and incident to a proper intersection; that the traction company negligently and unskillfully constructed its switches, rails, and appurtenances, and negligently failed to keep the same in proper order and repair, so that at the time of the accident named it was in an unsafe and improper condition. It is also alleged that if the cars of the appellant left the rails and ran against the building occupied by the appellee, the same was directly caused by reason of the negligence of the traction company, and for which it was liable.

The traction company appeared and excepted to this portion of the appellant's answer, asking for judgment over against it. The appellee, Corr, also excepted to this portion of the answer. Both exceptions were by the court sustained, and this action is complained of in the second and third assignments of error. The sufficiency of this pleading depends upon the right of appellant, as a wrongdoer, to have contribution from another in case of recovery by the injured party. There are instances in which this right is recognized, but the rule does not apply where the party seeking contribution is morally, as well as legally, at fault, and by reason of that fact responsible for the...

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4 cases
  • Watkins v. Watkins
    • United States
    • Mississippi Supreme Court
    • 4 January 1926
  • Ross v. Sechrist
    • United States
    • Texas Court of Appeals
    • 10 December 1924
    ...75 Tex. 485, 12 S. W. 807; Crain v. Wright, 60 Tex. 515; H. & T. C. Ry. v. Douglas (Tex. Civ. App.) 120 S. W. 1048; Ry. Co. v. Corr (Tex. Civ. App.) 130 S. W. 185; Oil Co. v. Davis, 62 Tex. Civ. App. 658, 132 S. W. Article 2088, Revised Statutes, which prescribes the requirements as to prop......
  • Andrews v. Rice
    • United States
    • Texas Court of Appeals
    • 25 October 1917
    ...is not an abuse of such powers. R. S. of Texas 1911, art. 1848; Reed v. Coffey, 40 S. W. 1027; Phelps v. Scott, 49 S. W. 687; Ry. Co. v. Corr, 130 S. W. 185; Curtis v. Bank, 138 S. W. at page 797; Carder v. Johnson, 109 S. W. 944. Assignments 1 and 2 are overruled. The court did not abuse i......
  • Dabbs v. Richardson
    • United States
    • Mississippi Supreme Court
    • 9 February 1925

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