Texas Supreme Court, 1915

Moose v. Missouri, K. & T. Ry. Co. of Texas

Texas Supreme Court · Decided December 1, 1915 · Phillips

180 S.W. 225 (South Western Reporter)

Cases that cite this one

1 later published case cites this decision.

Fort Worth & Rio Grande Railway Co. v. Mathews (Tex. 1917)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PHILLIPS, C. J.

The defendant in error has filed a motion to dismiss the petition for writ of error upon the ground that the jurisdiction of the Court of Civil Appeals over the case is final; the amount in controversy being such as to make the suit cognizable by the county court.

[1, 2] The suit was filed in the district court. It was one for the recovery of damages arising from the destruction of a house by fire. In the petition the damages are laid at $1,000, with interest from the date of the destruction of the house, June 2, 1913. In a suit of this character interest is recoverable only as a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 377, 33 L. R. A. 163; Railway Co. v. Rayzor, 172 S. W. 1103. Inclusive of .the interest sued for, the amount in controversy exceeds $1,000, and the case is therefore not one of which the county court would have had jurisdiction.

The motion is overruled.

other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Case-law data current through December 31, 2025. Source: CourtListener bulk data.