The Texas Court Reporter Volume 12

The Texas Court Reporter Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... not alleged that such condition, if it existed, caused or contributed to cause the accident complained of herein; wherefore, defendant says such plea is insufficient in law, and of this prays the judgment of the court.' " We do not agree with the contention of appellant. The petition of appellee after alleging specifically wherein and in what manner the elevator and its appurtenances were defectively constructed and out of repair, alleged that as the proximate result of such defects, specifically naming a great many of them, and among them the negligence of the defendants in failing to keep said elevator and its appurtenances or their respective parts in repair, as aforesaid, added the phrase, "And by reason of the other negligences herein alleged, the said elevator on, towit: the 13th day of December, 1901, fell with great force, violence and speed from the fourth floor of said building to the first floor thereof, a distance of about 100 feet, while the said Annie B. McGafl'ey was a passenger thereon, seriously and permanently injuring her, the said Annie B. McGafiey," etc. These allegations are amply sufflcient to allege the causal connection between the acts of negligence specified in appellant's exceptions and the injuries complained of. Appellant's third, fourth, fifth and sixth assignments of error are addressed to the action of the court below in overruling his special exceptions Nos. 4, 5, 6 and 7 to appellee's petition. These exceptions assail the sufiiciency of plaintiff's petition upon the ground that it does not set forth with reasonable clearness and certainty the nature and extent of the injuries alleged to have been sustained by appellee. These assignments of error should be sustained, ...
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Product details

  • Paperback | 944 pages
  • 189 x 246 x 47mm | 1,651g
  • United States
  • English
  • black & white illustrations
  • 1236853164
  • 9781236853165