Houston & T. C. R. Co. v. Diamond Press Brick Co.
Cases that cite this one
22 later published cases cite this decision.
- Atchison, Topeka & Santa Fe Railway Co. v. Smith (Tex. App. 1978)
- Rourke v. Garza (Tex. App. 1974)
- Joe Adams & Son v. McCann Construction Company (Tex. 1971)
- Mitterlehner v. Mercantile National Bank at Dallas (Tex. App. 1964)
- Crews Well Service v. Texas Company (Tex. App. 1962)
- Owens-Illinois, Inc. v. Gulf Coast Masonry, Inc. (Tex. App. 1986)
- Commercial Union Insurance Co. v. Chevron U.S.A., Inc. (Tex. App. 1984)
- Pickett v. J. J. Willis Trucking Co. (Tex. App. 1981)
- Eastman Kodak Co. v. Exxon Corp. (Tex. 1980)
- San Jacinto Maintenance, Inc. v. Cain (Tex. App. 1979)
- Eastex Inc. v. Stebbins Engineering & Manufacturing Co. (District Court, E.D. Texas 1977)
- Amoco Chemicals Corp. v. Sutton (Tex. App. 1977)
- Richmond v. Amoco Production Company (District Court, E.D. Texas 1975)
- Fireman's Fund Insurance Co. v. Commercial Standard Insurance Co. (Tex. 1972)
- St. Louis Southwestern Railway Co. v. Lyons (Tex. App. 1972)
- Fenn v. Estate of Burnett (Tex. App. 1966)
- All Persons Interested in or Affected by the Issuance of the Securities v. Jefferson County (Tex. App. 1965)
- Ohio Oil Company v. Smith (Tex. 1963)
- Southern Pacific Co. v. Morrison-Knudsen Co. (Or. 1959)
- Mitchell's, Inc. v. Friedman (Tex. 1957)
- Employers Casualty Co. v. Howard P. Foley Co. (5th Cir. 1946)
- A. J. Anderson Co. v. Citizens' Hotel Co. (Tex. App. 1928)
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
Since in the trial court the case was disposed of on the demurrer of defendant to the plaintiff’s petition, in our holding that the demurrer was improperly sustained and reversing for that reason the judgments of the District Court and Court of Civil Appeals, it was incorrect to render judgment for the plaintiff, as was done in the original disposition of the case.
In respect to the form of the judgment, the motion for rehearing is granted. The judgment reversing the judgments of the District Court and Court of Civil Appeals will stand, but, instead of judgment being rendered here for the Railroad Company, the cause will be remanded to the District Court for proceedings in accordance with the opinion of the Commission of Appeals on the original hearing which in its holding on the questions there discussed is approved.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.