Texas & Pacific Railway Co. v. Bloom's Administrator

Citations

• 164 U.S. 636
• 17 S. Ct. 216
• 41 L. Ed. 580
• 1897 U.S. LEXIS 1695

Syllabus

<p>A passénger on tlie road of the Texas and Pacific Railway Company sued that company and its receiver, in a Texas court, in an action at law, to recover for injuries received when travelling on its road while it was in the hands of the receiver. The case was removed to the Circuit Court of the United States, where a trial was had. The receivership had been terminated before the commencement of the action, and the property had, by order of court, .been ti’ansferred to the company under the circumstances and on the conditions described in Texas & Pacific Bailway v. Johnson, 151 U. S. 81, and in this case. The company'contended that' it was not liable, or, if liable, that the claim could only be enforced in equity. The trial resulted in a verdict and judgment, for the plaintiff. Held, that, under the circumstances, the company was liable to the plaintiff in an action at law for the damages found by the jury; that the conduct of the railway company in procuring, or, at least, in acquiescing in the withdrawal of the receivership and the discharge of the receiver, and the cancellation of his bond, and in accepting the restoration of its road, largely increased in value by the betterments, affords ground to charge an assumption of such valid claims against the receiver as were not satisfied by him, or by the court which discharged • him.</p>