Brown v. Bridges
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. A. S. Walker. C. A. Brown and wife sued for bodily and mental injuries to-the wife, alleged to have been inflicted upon her by defendant Bridges at the instance of defendant Smith then present, their action being advised and ratified by the -other defendants Rucker & Montgomery. Smith acting also in capacity of, agent for the last named defendants.
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Appeal from Williamson. Tried below before the Hon. A. S. Walker. C. A. Brown and wife sued for bodily and mental injuries to-the wife, alleged to have been inflicted upon her by defendant Bridges at the instance of defendant Smith then present, their action being advised and ratified by the -other defendants Rucker & Montgomery. Smith acting also in capacity of, agent for the last named defendants. Injuries are charged to-have been inflicted whilst defendants were attempting to make-an illegal and wrongful levy under writ of attachment by defendants upon a wagon and team, exempt property,…
1Opinion of the Court
Collard, Judge.
The lower court in the tenth paragraph of the charge instructed the jury that if by the seizure and stopping of the wagon and team the plaintiff was seriously injured in his person, the jury would find * * actual damages, etc. This was error. There is no authority requiring that a personal injury inflicted in the commission of an unlawful act should be serious to entitle the injured party to damages. The extent of the injury is a question for the jury, to be considered by them in estimating the amount of damages to be accorded, but not in determining the right to recover in…
2Cases cited2 opinions
- Champion v. VincentTexas Supreme Court · 1858
- Erwin v. BowmanTexas Supreme Court · 1879
3Cited by5 opinions
- Hawkins v. SchroeterCourt of Appeals of Texas · 1948
- Rankin v. BellTexas Supreme Court · 1892
- Seal v. HolcombCourt of Appeals of Texas · 1908
- Anderson v. ByrumCourt of Appeals of Texas · 1934
- Carroll v. First State Bank of DenisonCourt of Appeals of Texas · 1912