Gallagher v. Bowie
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. R. E. Beckham. This was an action by appellee, Bowie, to recover damages for personal injuries sustained by his wife. Mrs. Bowie, with her child, was a passenger for hire in the two-horsestage run by appellant, Gallagher, between Weatherford and Graham. At a stopping place on the road the driver left the stage, without fastening the horses, or leaving anyone to hold them.
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Appeal from Parker. Tried below before the Hon. R. E. Beckham. This was an action by appellee, Bowie, to recover damages for personal injuries sustained by his wife. Mrs. Bowie, with her child, was a passenger for hire in the two-horsestage run by appellant, Gallagher, between Weatherford and Graham. At a stopping place on the road the driver left the stage, without fastening the horses, or leaving anyone to hold them. They took fright, and, while running away, Mrs. Bowie jumped from the stage and sustained serious bodily injuries. The trial resulted in a verdict and judgment for appellee for…
1Opinion of the Court
Robertson, Associate Justice.
It was held by this court in Ezell v. Dodson, 60 Tex., 331., that for personal injuries done to the wife the damages would be community property, and, generally, properly recoverable only at the suit of the husband. The elements of damage in such cases have been repeatedly stated in former decisions, and mental suffering has never been excluded from the list. The charge of the court on this branch of the case was entirely unexceptionable
Mrs. Bowie was a passenger in appellant’s stage for hire, and appellant owed her the degree of care due by a common carrier of…
2Cases cited1 opinion
- Ezell v. DodsonTexas Supreme Court · 1883
3Cited by28 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ConleyTexas Supreme Court · 1924
- Gulf, C. & S. F. Ry. Co. v. ConleyTexas Supreme Court · 1924
- Taylor v. CatalonTexas Supreme Court · 1942
- Few v. Charter Oak Fire Insurance CompanyTexas Supreme Court · 1971
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
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