Breen v. Texas & Pacific Railway Co.

Citations

• 44 Tex. 302

Syllabus

<p>1. Plea in abatement.—The sufficiency of a plea in abatement must he tested by its own allegations; its omissions cannot be aided or supplied by facts in other pleas.</p> <p>2. Constitutional law.—The title to the act of 21st March, 1874; “An act to fix the jurisdiction in certain cases,” sufficiently expresses the object of the first section of said act in enacting “ that hereafter any public or private corporation, including railroad companies,” * * * “ may he sued in any court in this State having jurisdiction of the subject-matter, and in any county where the cause of action or part thereof accrued, or in any county where such corporation has an agency or representative, or in the county in which the principal office of such corporation is situated.”</p> <p>3. Same—Venue in suit against railroad companies.—Said act of 21st March, 1874, is operative, and is the law of the State as to venue in such cases.</p> <p>4. Practice.—When a plea in abatement is submitted to the jury with the merits, the jury should be instructed, if they find for the defendant on the plea in abatement, to go no further; and where such instruction was refused, and the jury found for defendant on the plea and for the plaintiff on the merits, the cause will be remanded for new trial.</p>