Bartee v. Houston & Texas Central Railway Co.
Bartee v. Houston & Texas Central Railway Co.
Opinion of the Court
The question for our decision in this case, is : Can a railroad be sued in any county wherein its agents commit a trespass, or must it be sued in that county where its principal business office is kept t Our statute confers a right of action against persons committing a trespass, in whatever county the «trespass is committed.
A railroad company is an artificial person, and for many purposes is regarded in the law as subject to the same responsibilities and liabilities as natural persons.
We do not recognize in our system any of the common law forms of action, nor will this court entertain a technical objection to the action brought in this case, such as even under the niceties of the common law, was never supported by sound reason or common sense.
The judgment of the District Court is reversed and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- J. H. Bartee v. Houston and Texas Central Railway Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Against persons committing trespasses, our statute authorizes suit to he brought in the county wherein the trespass was committed. (Paschal’s Digest, Article 1433.) A railroad company is a person within the meaning of this act, and is liable to be sued in any county in which its agents may have committed a trespass.