Legal Opinion

Dreiss v. Friedrich

Texas Supreme Court

Decided April 28, 1882No. Case No. 4498PublishedCited by 8 opinions

Appeal from. Bexar. Tried below before the Hon. George H. Noonan. Appellee Wenzel Friedrich sued appellants for damages in the sum of $10,000 for injuries received by him on the 15th day of July, 1881, occasioned by a defective grating in the sidewalk contiguous to the property of appellants.

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Appeal from. Bexar. Tried below before the Hon. George H. Noonan. Appellee Wenzel Friedrich sued appellants for damages in the sum of $10,000 for injuries received by him on the 15th day of July, 1881, occasioned by a defective grating in the sidewalk contiguous to the property of appellants. Plaintiff, while lawfully using the sidewalk, caught his foot in a hole in the grating over a celler opening belonging to appellants’ property, and his leg was fractured and broken to such an extent as to cause great bodily pain, and he alleged that he suffered an irreparable injury. Appellee obtained a…

1Opinion of the Court

Gould, Chief Justice.

Friedrich recovered a judgment for damages for personal injuries alleged to have been caused by the negligence of appellants, and the only error relied on in this court to reverse the judgment is the admission, over objection of defendants, of evidence “ of the worldly condition of plaintiff, and how many children he had, and whether they were dependent on him for a support.” The bill of exceptions uses the language we have quoted, but appellee suggests that the statement of facts does not support the bill of exceptions. That instrument does not show any direct evidence…

2Cases cited3 opinions

  1. Wright v. WrightTexas Supreme Court · 1851
  2. Hawkins v. LeeTexas Supreme Court · 1858
  3. Kemper v. Corporation of VictoriaTexas Supreme Court · 1848

3Cited by8 opinions

  1. Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  2. East Line & Red River Railway Co. v. CulbersonTexas Supreme Court · 1887
  3. Louisville & Nashville R. R. v. BinionSupreme Court of Alabama · 1894
  4. First National Bank of Amarillo v. BauertCourt of Appeals of Texas · 1981
  5. St. Louis, S. F. & T. Ry. Co. v. HouzeCourt of Appeals of Texas · 1930

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