Hill v. Gulf, Colorado & Santa Fe Railway Co.
Texas Supreme Court
The following statement of the nature and the result of this suit made by the appellants is accepted by the appellee: “This was a suit instituted in the District Court of Galveston County by John and Maria Hill against the Gulf, Colorado & Santa Fe Railway Company for damages in the sum of $500 actual and the further sum of $5000 exemplary damages for alleged wrongful and illegal expulsion of Maria Hill, a passenger, from the train of defendant, in the City of Houston, on…
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The following statement of the nature and the result of this suit made by the appellants is accepted by the appellee: “This was a suit instituted in the District Court of Galveston County by John and Maria Hill against the Gulf, Colorado & Santa Fe Railway Company for damages in the sum of $500 actual and the further sum of $5000 exemplary damages for alleged wrongful and illegal expulsion of Maria Hill, a passenger, from the train of defendant, in the City of Houston, on the morning of August 24, 1889, whereby it is alleged she was compelled to walk a distance of seven or eight blocks…
1Opinion of the Court
COLLARD, Judge.
The absence of a statement of facts in this case, it having been stricken from the record, conclusively determines every question raised by the assignments of error against the appellants.
' The omission of the court to instruct the jury that shame, mortification, mental pain and suffering constituted elements of actual damage in a. case where such facts were proved would have been error provided a wrongful expulsion had been shown. The correctness of such a charge would depend upon the facts. Without facts to support it, it can not be said that such a charge should have been…
2Cases cited5 opinions
- Cotulla v. Thomas Goggan & Bros.Texas Supreme Court · 1890
- Anding v. PerkinsTexas Supreme Court · 1867
- Missouri Pacific Railway Co. v. EdwardsCourt of Appeals of Texas · 1889
- Bast v. AlfordTexas Supreme Court · 1858
- Walker v. HanksTexas Supreme Court · 1864
3Cited by9 opinions
- International & G. N. R. Co. v. AlexanderCourt of Appeals of Texas · 1911
- Williams v. Texas & N. O. Ry. Co.Court of Appeals of Texas · 1937
- Blackburn v. BlackburnCourt of Appeals of Texas · 1897
- Lewis v. VaughanCourt of Appeals of Texas · 1912
- Pioneer Lumber Co. v. SmitherCourt of Appeals of Texas · 1911
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