Legal Opinion

San Antonio Street Railway Co. v. Helm

Texas Supreme Court

Decided July 1, 1885No. Case No. 5487PublishedCited by 39 opinions

Appeal from Bexar. Tried below before the Hon. G. H. Noonan. This suit was instituted on the 27th day of August, 1883, by the appellees, Helm and wife, to recover $25,000 damages for personal injuries sustained by Mrs. Holm on the 12th day of the same month, through the negligence of appellant’s employees.

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Appeal from Bexar. Tried below before the Hon. G. H. Noonan. This suit was instituted on the 27th day of August, 1883, by the appellees, Helm and wife, to recover $25,000 damages for personal injuries sustained by Mrs. Holm on the 12th day of the same month, through the negligence of appellant’s employees. Plaintiffs (appellees) alleged in the pleadings that defendant was a common-carrier of passengers for hire, and that Mrs. Helm was a passenger on one of the defendant’s cars at the time of the injury, and was in a delicate situation from pregnancy. That, as she was cautiously attempting to…

1Opinion of the Court

Stayton, Associate Justice.

The statement of the cause of action, and of the nature of the defense, made by the court, was correct as far as it went, but not full.

This, however, could have been corrected, if deemed necessary by the appellant, through a charge giving a fuller statement; but this was not asked, and in such case the appellant has no just ground of complaint.

The fifth instruction given contains a correct exposition of the law applicable to the question of the liability of the appellant, and as to the measure of damages; and if, in the latter respect, it was thought not to be…

2Cases cited1 opinion

  1. Adams & Wicks v. HouseTexas Supreme Court · 1884

3Cited by39 opinions

  1. Texas & Pacific Railway Co. v. WatkinsTexas Supreme Court · 1895
  2. Taylor v. CatalonTexas Supreme Court · 1942
  3. Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
  4. Le Sage v. SmithCourt of Appeals of Texas · 1940
  5. Lee v. TurnerTexas Supreme Court · 1888

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