Legal Opinion

Texas & Pacific Railway Co. v. McCarty

Court of Appeals of Texas

Decided March 12, 1908PublishedCited by 2 opinions

Appeal from the District Court of Rolan County. Tried below before Hon. Jas. J. Shepherd.

1Opinion of the Court

WILLSON, Chief Justice.

-The action was by appellee for damages for personal injuries alleged to have been suffered by him as the result of appellant’s negligence. He recovered a judgment for $1930, the full amount for which he sued.

The court instructed the jury if they found for appellee to “assess his damages at such an amount as, in the exercise of a sound discretion and judgment, you believe will fully compensate him,” etc. In its first assignment of error appellant asserts that in using the word “fully” as measuring the compensation to be allowed, the court erred. We think it would be the…

2Cases cited2 opinions

  1. City of Dallas v. JonesTexas Supreme Court · 1899
  2. Bailey v. FinkWisconsin Supreme Court · 1906

3Cited by2 opinions

  1. Jones v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
  2. Cullinan v. HareCourt of Appeals of Texas · 1944

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