Texas & N. O. Ry. Co. v. New

McCLENDON, Chief Justice.

New (appellee) recovered of the railway (appellant) a judgment upon a special issue verdict, in an action for damages for personal injuries; the amount ($2,320) being apportioned $2,000 for mental and physical pain and suffering (past and prospective), $300 for loss of earning capacity (past and prospective), and $20 ($200 found less $180 remitted) for medical bills.

New’s injuries were the result of a fall from a loading box or chute, placed on a gravel car from which he was hauling gravel. The gravel car was on a storage track adjacent to a passing track, and was…