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Buttron v. El Paso Northeastern Railway Co.

93 S.W. 676 (1906)

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Buttron v. El Paso Northeastern Railway Co.

Texas Court of Appeals
93 S.W. 676 (1906)

MP

Facts

Buttron (plaintiff) sued El Paso Northeastern Railway Co. and others (El Paso) (defendants) in Texas for personal injuries to Buttron caused by the alleged negligence of El Paso. The trial court directed the jury to find for El Paso based on El Paso’s submission of a judgment from the territory of New Mexico that adjudicated the issues in Buttron’s case. The territorial judgment was rendered in a proceeding initiated under a territorial statute authorizing a wrongdoer who has inflicted personal injury to require the person claiming damages to appear and litigate the claim. Buttron, who was a resident of the territory and was personally served, failed to appear, and the judgment was rendered against him in favor of El Paso on Buttron’s personal-injury claim. Buttron appealed the Texas court decision to give the territorial judgment full faith and credit.

Rule of Law

Issue

Holding and Reasoning (James, C.J.)

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