The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-09-30

4 a quasi public nature, IN
~ ,,,ss,s OF mo general public
y XIV entwined with that of the
..r,tsr or investor; whatever
~ snd,tIous pregnant with litiga-
!. not only the Individual par
"a Indirectly the whole people OF
4. musl be Of more than passing in
AS assoclatcn. composed as 1t Is
", Judges and active practitioners
4 NAT the work VI this association
AIMED exclusively TO cons.dera-
nlss ID substantive law or of prac-
w a, scrulinizing, dssecting ana
aren't decisions, 10 questions OF
~ ,sshaieal ma ture which pTiucil ally
~. lsuver IN his daily work, Dut tho
,.-sn where the advocate purgins
4 whatever proper ana righteous
sth which he may perchance be
m, ma interest OF MS clients, Ghould
~ ,he ca n he ght Of lac unpreju-
"a dsin,erested lawyer, where no
..,don may penetrate TO render mis-
M frozen and ch.seled product OF
Lar. 10 take broad and compreheD-
TX. not only oil the law Itself, but
\ A. conditions which have produced
". ssntirent become crystalized into
.,ss he should strive 10 discover the
~ these streams when bear upon
,osau, ever increasing lads OF grlst
Il mills OF our courts to srind. with a
! esylslng some plan for the preyen
rruacessary litigation, ana inventing
!. jiternina. ion Of such cont, oy crsies
"a Inevitably find their way into the
!, hst The purpose which should under
hvs may be accomplished; that the
!. Al sll may be clearly defined and im-
{-iry PROTECTED. and that there may be
Mo llngation.
NssIble for an association, Termed
n ono is. through full, free and
< uression of the views OF individual
IN 10 reach a composite conclusion
I: IN reflect with substantial accuracy
vtticular conditions rs may be the
n icr Investigation, and IL these coll
d Affect the public interest. the con-
ss thus reached may prove of value,
ls.s 70 the profession. but through IL
4, lyeral public
I'M by these considerations. have
hi h not inappropriate to call to the
;tN Of this association, in q most gen d.
sr The condition OF The anti railroad
p,il injury litigation In this State
erhance, this paper should SAVIOR too
N d personal exptr ence, my apology is
aa can paint most clearly that which
III H Immediately before him and which
rtNu into his mind, rather than that
ID BE- sets only through the eyes of
BIZ
BIZ Who, either moved by personal in
b q The study OF political, economic or
6psal problems, have had their atten-
liuied to the natter at all. have como
Rs upon the Slate Of Texas as a hot bed
lrlfallroad personal injury litigation.
nj extent Of this character of iit.ea-
lii ihe Texas courts against railroads is.
lF tlson to believe, appreciated by few /:
till fewer real 20 how badly tho rail
y u Texas fare as compared with rail
1. austructed end oneratod IN otbar
Ks q the union where similar phys cal
tsoos ob.aln and where approxImately a
roIume Of traffic is handled.
tn occurred to me. therefore. that a
satisfies tending TO illumine the state
b litigation of III character in the
rn Il Texas, as compared with that OF
fiiures4 the courts of some OF tn
\ Western and Southern States, together
few observations on the causes which
htN OF rtnier possible The conditions
= est In this State may prove of in
u to this association. | shall nat pre-
ft-iof will the time which | may an
dsitly consume on this ,ccas' on aGm
TO suggest other than incidentally fac
FNial which may be applied 10 remove
tcnatons which produce the results
nlA out, unfortunate alike for the rail.
and the peopl, OF this state. This
leave to the association as a whole.
statistics | am able t. present have
n Incurred with some difficulty and are
q complete as desired, but as--to QUO q
IWllr, "All ligh. Is valuable on a dark
-ihsse figures Will. trust. enable ms
As our bearings and 10 realize whittier
oars and our profession are drifting,
Hs concerns this branch of the lltiga-
& mo STATE
XIV ne year 1851 to 1899, inclusive. The
{ss 81 our SUR me and appellate courts
'ail there were 1888 personal injury
ohEnally broL ght against steam ant
fallroad compan es and the receivers
~ aeeded in thse courts on appeal
n~ cases ia only we're appealed nv thu
saA While 1929 were appealed nv the
---olA Dung the same neriod the
h leports show that only 139 personal
against all persons and corpora.
W than steam and street railroat
~ a ". the receivers thereof. were
place has by oar appellate courts
~ mas decDpealed by the plaintiffs
psw. This doded by tile defendan S
y vac the FIRST judicial system. as 1
S!rfsspI' wask tabl.ghed in 1892, sine,
une tlss2 TO 1893, inclusive) there has
y applications for wrlts OF error mad,
MEisme court in pers nal injury suits
|t-ty Instituted against seam and stree
~ companies and the re. eiver5 thereof
.is while 3ll were made nv the de
~ during tho same period 1882 4
sas'uslYe) only Is applications for writ
sM we're made to the supreme court ii
HA injury suits against ali person.
4 Nporations, other than $ cam and stree
IN. toapanita and tho receiver, thereof
w q applications we're made b,
'.us AID IS BY the Defendants. VIII I
~. number OF enterprises ard indus
gper than steam and street railroai
Ns exls. throughout this State an,
T,As y the aggregate a vast army O
.akel into consideration. and whe
..ss,Aes .oisi4tr "a h.. inc service per
n. BY those employed bv many of tbes
-. ,s'ss such as cotton seed oil mills. com
Il lumber mills, planning mills. pack
rewsrles. coal mines and manufao
hs'tuticns of every kind Is eouali
sssidous as are the services nerforme
|f silroad employees not engaged in th
4 : !. sSesration OF trains, il IA obvious tia
~, .4'1ld not exist SO great a dIfferenc
I1s does between tba number OF Der
!, suiy cases Instituted against stear
sts NY "a lroad Companies ana the numbe