Zumwalt v. Texas Central Railroad

CONNER, Chief Justice.

Appellant sued the appellee company to recover damages for the loss of an eye caused by the alleged negligence of Doctor S. Webb, the chief surgeon of appellee’s hospital department at Walnut Springs. The defense was that the department was conducted without profit and as a charity. After the introduction of the evidence the jury were peremptorily charged in appellee’s favor, and from the verdict and judgment in accord with such instruction this appeal has been prosecuted.

The action of the court is not defended on the theory that the evidence did not raise the issue of…