Mo. Pac. R'y Co. v. Collier

Citations

• 62 Tex. 318
• 1884 Tex. LEXIS 238

Syllabus

<p>1. Depositions — Service.-- Service upon the local agent of the corporation, of notice of taking depositions, is a good legal service, Vide R. S., arts. 1223, 2219, 2223, 2233.</p> <p>2. Evidence,— In a suit for the recovery of actual damages against the defendant company, evidence as to the condition of the railroad, speed of train, and the like, is admissible to show negligence, where such facts are alleged in the petition as the cause of damages sustained by plaintiff.</p> <p>3. Same — Hearsay.— Remarks of a fellow passenger to the witness, as to the speed of a train, made while it is moving, are admissible when that fact is in issue.</p>