Galveston, Harrisburg & San Antonio Railway Co. v. Ware
Texas Supreme Court
Appeal from Kinney. Tried below before the Hon. Thomas M. Paschal. The facts are stated in the opinion, except the language referred to as improper in pleading, which is as follows: “Plaintiff, therefore, in addition to the injuries hereinbefore pleaded, says that defendant is a wealthy and powerful corporation, composed of enormous land holders of Texas lands, and the largest railroad owners in the world, and says that they should be so castigated for indulgence of malice…
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Appeal from Kinney. Tried below before the Hon. Thomas M. Paschal. The facts are stated in the opinion, except the language referred to as improper in pleading, which is as follows: “Plaintiff, therefore, in addition to the injuries hereinbefore pleaded, says that defendant is a wealthy and powerful corporation, composed of enormous land holders of Texas lands, and the largest railroad owners in the world, and says that they should be so castigated for indulgence of malice to an individual that they will feel it as a castigation, and asks for exemplary damages against the defendant ten…
1Opinion of the Court
Stayton, Associate Justice.
There is nothing in the facts of this case on which to base a claim for exemplary damages, and as none other than actual damages were awarded by the jury, no injury resulted from overruling the demurrer to so much of the petition as attempted to state facts on which to found a claim for exemplary damages. The language used, however, in that part of the petition, was improper and shouldVhave been stricken out.
The application, which was for a first continuance, was in strict compliance with the statute, showed legal diligence, and should have been granted, on account…
2Cited by8 opinions
- King v. McGuffTexas Supreme Court · 1950
- Lemos v. MaddenWyoming Supreme Court · 1921
- Trinity & Sabine Railway Co. v. SchofieldTexas Supreme Court · 1889
- Kincaid v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1938
- Orr v. Dayton & Muncie Traction Co.Indiana Supreme Court · 1911
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