Gulf, Colorado & Santa Fe Railway Co. v. Dyer
Court of Appeals of Texas
Appeal from the District Court of Brown County. Tried below before Hon. Jno. W. Goodwin. The jury during their deliberations returned to ask the court whether, if they found a verdict for less than $3,000, the amount claimed in plaintiff’s petition, defendant would then have all the costs to pay. The court instructed them that they had nothing to do with the question of costs. They returned a verdict for $900 and costs.
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Appeal from the District Court of Brown County. Tried below before Hon. Jno. W. Goodwin. The jury during their deliberations returned to ask the court whether, if they found a verdict for less than $3,000, the amount claimed in plaintiff’s petition, defendant would then have all the costs to pay. The court instructed them that they had nothing to do with the question of costs. They returned a verdict for $900 and costs. Defendant moved for a new trial on the ground that the question, the reply and the verdict showed that they were not making an honest effort to determine the extent of the…
1Opinion of the Court
EIDSON, Associate Justice.
This is a suit brought in the court below by appellee against appellant for damages on account of the alleged wrongful expulsion of appellee by appellant from its train. A trial was had before the court and jury and verdict and judgment rendered and entered for the plaintiff in the sum of $900. A motion for a new trial was made by appellant, and upon hearing said motion, the court below ordered a remittitur of $600, and on the same being filed, judgment was entered in favor of appellee against appellant for the sum of $300, and from that judgment appellant has…
2Cases cited7 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Mills v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1900
- Missouri Pacific Railway Co. v. ForemanTexas Supreme Court · 1889
- Krueger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Galveston, H. & S. A. Ry. Co. v. WisemanCourt of Appeals of Texas · 1911
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1952