Missouri, Kansas & Texas Railway Co. v. Warren
Texas Supreme Court
Error to Court of Civil Appeals, Second District, in an appeal from Tarrant County. A former judgment in this case was reversed on appeal (32 S. W. Rep., 578.) On a second recovery by plaintiff, affirmed on appeal, defendant obtained writ of error, alleging as ground therefor that the court erred in not sustaining its complaint of the charge given, which instructed the jury to assess damages, in case of recovery, “at such sum as you believe will be a fair and reasonable…
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Error to Court of Civil Appeals, Second District, in an appeal from Tarrant County. A former judgment in this case was reversed on appeal (32 S. W. Rep., 578.) On a second recovery by plaintiff, affirmed on appeal, defendant obtained writ of error, alleging as ground therefor that the court erred in not sustaining its complaint of the charge given, which instructed the jury to assess damages, in case of recovery, “at such sum as you believe will be a fair and reasonable compensation to the plaintiff for any loss,” etc., because such charge did not limit the jury to such sum as they might find…
1Opinion of the Court
GAINES, Chief Justice.
This is a suit for personal injuries and was brought by defendant in error against the plaintiff in error.
The petition for the writ of error presented substantially but two grounds for the writ; one upon the charge of the court, and the other as to the sufficiency of the evidence to warrant an instruction authorizing the jury, in case they found for the plaintiff, to give him damages for expenses incurred for the treatment of his injuries. When we passed upon, the application we thought, and we still think, that the question presented in the first assignment in this…
2Cited by21 opinions
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- Petroleum Casualty Co. v. GreenCourt of Appeals of Texas · 1928
- Texas Utilities Co. v. DearCourt of Appeals of Texas · 1933
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