Missouri, K. T. R. Y. of Texas v. Smith
Court of Appeals of Texas
Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Suit by C. Smith against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment for $50,000, defendant appeals.
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Appeal from District Court, Harrison County; H. T. Lyttleton, Judge. Suit by C. Smith against the Missouri, Kansas & Texas Railway Company of Texas. From a judgment for $50,000, defendant appeals. This was a suit by appellee against appellant for damages for personal injuries, in which judgment was rendered for appellee for $50,000. Appellee alleged and proved that on July 19, 1913, an engine and its tender belonging to appellant having become derailed, he, in the discharge of his duty as one of appellant’s employes, and in compliance with the order of one Taylor, appellant’s roadmaster, who…
1Opinion of the Court
WILLSON, G. J.
(after stating the facts as above). [1] By his own testimony and that of his wife appellee proved that, as a result of injuries he received, he was rendered impotent and incapable of sexual intercourse. 1-Iis testimony was admitted without objection, but appellant afterward moved to strike same out, on the ground that the pleadings did not authorize it. The testimony of the wife was objected to when offered, on the same ground. It is insisted that the court erred when he refused to strike out the testimony of appellee and when he overruled the objection made to that of his wife.
T…
2Cases cited10 opinions
- T. & P. R'y Co. v. CurryTexas Supreme Court · 1885
- Receiver v. CookTexas Supreme Court · 1894
- St. Louis Southwestern Ry. Co. of Texas v. WadsackCourt of Appeals of Texas · 1914
- Gulf, Colorado & Santa Fe Railway Co. v. McMannewitzTexas Supreme Court · 1888
- City of Dallas v. JonesTexas Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- City of Wichita Falls v. PhillipsCourt of Appeals of Texas · 1935
- C. L. Smith Oil Co. v. RiggsTexas Supreme Court · 1921
- Wichita Valley Ry. Co. v. WilliamsCourt of Appeals of Texas · 1926
- Jones v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1917
2 more not listed; retrieve them via the Exa API.