Texas & Pacific R'y Co. v. Morin
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellee brought this suit June 17, 1882, alleging substantially that plaintiff’s child, Charles Morin, then only about thirty months old, casually, and without the fault of plaintiff or his wife, strayed in and upon the defendant’s railroad and grounds occupied by it in Tarrant county, near the plaintiff’s residence.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellee brought this suit June 17, 1882, alleging substantially that plaintiff’s child, Charles Morin, then only about thirty months old, casually, and without the fault of plaintiff or his wife, strayed in and upon the defendant’s railroad and grounds occupied by it in Tarrant county, near the plaintiff’s residence. That defendant, by its agents and servants negligently running and operating its cars and locomofives, on May 23,1882, ran over plaintiff’s child and cut off the right leg and foot, and crushed and bruised the left leg…
1Opinion of the Court
Station, Associate Justice.
The charge complained of in the first assignment, taken in connection with the whole paragraph of which it is a part, is not subject to the objections urged. Upon the burden of proof the charge was fair and not calculated to mislead a jury. It is urged in the second assignment that the true measure of damages in an action by a parent for an injury to a minor child is: “ The value of the services of the child during its minority, less the expense offeeding and clothing it. ’ ’ This has been held to be the true measure in actions for injuries to minors, resulting in…
2Cited by7 opinions
- Russell v. AdamsCourt of Appeals of Texas · 1929
- City of Fort Worth v. LeeCourt of Appeals of Texas · 1944
- Bolling v. RodriguezCourt of Appeals of Texas · 1948
- Houston & T. C. Ry. Co. v. LawrenceCourt of Appeals of Texas · 1917
- Bowring v. Wilmington Malleable Iron Co.Superior Court of Delaware · 1907
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