Texas & Pacific Railway Co. v. Mangum

Citations

• 68 Tex. 342
• 4 S.W. 617
• 1887 Tex. LEXIS 693

Syllabus

<p>1. Statutes Construed—Venue. —Construing the fourth subdivision of article 1198, Revised Statutes, which authorizes suit to be brought in the county of the residence of either one of several who are defendants, Jutld, that the defendant who resides in the county where the suit is brought roust be either a necessary or proper party defendant; if he is neither a necessary or proper party, a plea to the jurisdiction filed by non-residents of the county joined with him in the action, should he sustained.</p> <p>2. Same.—When such a plea is interposed by one of several who are joined as defendants in a suit to recover damages for a tort, brought in a county where he does not reside, and there is evidence tending to establish the fact that the defendant who resides at the venue of the cause is hot liable, it is error not to present in a charge to the jury the issue thus arising on the plea to the jurisdiction.</p> <p>3. Railway Companies—Negligence.—A railway company which leases ground near its road bed to be used by the lessee for hotel purposes, is under no implied obligation to keep in repair or well lighted, that portion of the passway beyond its platform, leading from its roadbed to the hotel, and which is situated on the rented premises. Nor does the fact that the ground on which the hotel is erected is owned by the company render it liable for injuries which resulted from the defective or dangerous construction of the approaches or entrances to the hotel.</p>