Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 44
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44: RYAN v. HAYS. [Austin Term,
Opinion of the court.
Baker & Botts, for the company, in support of their proposition
that the company was not liable for injuries sustained while the
properties of the road were in the hands of the receiver, cited:
High on Receivers, sees. 390, 395, 396, 398; Pierce on R'ys (ed. of
1881), p. 285; Jones on Cor. Securities, sees. 513-516; Wood on
Master and Serv., sec. 789; Ohio & M. R. R. Co. v. Davis, 23 Ind.,
553; Bell v. I. C. & L. R. R. Co., 53 id., 57; Murphy v. Holbrook,
20 Ohio St., 137; Cardot v. Barney, 63 N. Y., 281; Camp v. Barney,
4 Hun (N. Y.), 373.
Gammage & Gregg, for Ryan, cited: Louisville, New Albany,
etc., R. R. v. Cauble, 46 Ind. (6th American R'y Rep.), 349; Washington,
etc., R. R. Co. v. Brown, 17 Wall., 450, 451; Ohio & Miss.
R'y Co. v. Fitch, 20 Ind., 498; Henderson v. Railway Co., 17 Tex.,
573; Echols v. Dodd, 20 Tex., 195; Phil. & R. R'y v. Derby, 14
How., 468; Story on Agency, sees. 127, 135, 137, 452; Ang. & Ames
on Cor., sees. 292, 315; Smith on Master and Servant, 152.
On the verdict being sufficient, they cited: Baker v. Wofford, 9
Tex., 516; State v. Dyches, 28 Tex., 535; R. S., 1421, p. 219; Blumenthall
v. Brainard, 38 Vt., 402; N. & T. Plankroad v. Griffin, 57
Penn., 417; King v. Emory, 3 Term Rep., 515; King v. Passamore,
3 Term Rep., 190; Meara v. Hancock, 20 Ohio, 137; Jordan v.
Wells, 3 Woods' Rep., 527; Kline v. Jewett, 11 C. E. Green, 474;
Newell v. Smith, 49 Vt., 255; Page v. Smith, 99 Mass., 395; Kinney
v. Crocker, 18 Wis., 74; 42 Iowa, 683; 80 N. Y., 485; 45 N. Y., 327;
45 N. Y., 45; 27 Iowa, 99; 34 Iowa, 71; 21 Conn., 117.
The other citations in their brief referred to questions of law involved,
arising on the facts in the event the company would have
been liable for damages.
STAYTON, ASSOCIATE JUSTICE.- These causes being consolidated
will be considered together.
One action was brought by Ryan against the International &
Great Northern Railroad Company, and against R. S. Hays, as receiver,
appointed by the United States circuit court for this circuit.
The action was brought to recover damages for personal injuries
alleged to have been received by Ryan while a passenger on a train
belonging to the railway company.
Ryan alleged that he received the injury at a time when the railway
was in the exclusive management and control of Hays as
receiver, as was the other property of the railway company.
Hays was appointed receiver in certain causes pending in the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/66/: accessed December 15, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .