I. & G. N. R'y Co. v. Underwood
Texas Supreme Court
Appeal from Bexar. Tried below before the Eon. Geo. H. Noonan. Nathan Underwood brought this suit for damages for personal injuries alleged to have been sustained by him while a passenger, in consequence of defendant’s negligence.
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Appeal from Bexar. Tried below before the Eon. Geo. H. Noonan. Nathan Underwood brought this suit for damages for personal injuries alleged to have been sustained by him while a passenger, in consequence of defendant’s negligence. The damages claimed were: “For loss of time from his business from July 5, 1883, to filing of petition...........................................................§2,500 00 For doctors’, medical and nurses’ bills......................... <...... 500 00 For bodily pain and physical and mental fear, suffering and anguish.. $5,000 00 For diminished capacity to labor, in…
1Opinion of the Court
Stayton, Associate Justice.
It is unnecessary to consider whether the petition was sufficient to authorize the recovery of exemplary damages, for the claim to exemplary damages was waived on the trial and is not asserted here; the propriety of the action of the court, however, in refusing to instruct the jury as -to the facts which would authorize the imposition of exemplary damages, in view of the general charge given, the amount of the verdict, and the failure of the appellee otherwise than orally, in the trial of the case, to renounce the claim for such damages, made in the pleadings, will…
2Cases cited1 opinion
- Schroeder v. C. R. I. & P. R.Supreme Court of Iowa · 1877
3Cited by25 opinions
- Texas Employers' Ins. Ass'n v. DowningCourt of Appeals of Texas · 1919
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Missouri Pacific Railroad v. JohnsonTexas Supreme Court · 1888
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