Rucker v. Missouri Pacific R'Y Co.
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. R. Maltbie. Suib to recover damages by the appellant for personal injuries received by him while a passenger on one of appellee’s freight trains, laying his damages at $10,000. The appellee answered by general denial, and specially that the appellant’s injuries were caused by his own negligence and want of care, etc. Verdict and judgment for the appellant.
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Appeal from Grayson. Tried below before the Hon. R. Maltbie. Suib to recover damages by the appellant for personal injuries received by him while a passenger on one of appellee’s freight trains, laying his damages at $10,000. The appellee answered by general denial, and specially that the appellant’s injuries were caused by his own negligence and want of care, etc. Verdict and judgment for the appellant. It was admitted that passengers were carried on the train on which appellant was injured. The appellant was at Mineóla at work; he lived in Sherman. On the day he was hurt he got a telegram…
1Opinion of the Court
West, Associate Justice.—
After a careful consideration of this record, we have reached the conclusion that there is no material or serious error contained in it, and >that the judgment should be affirmed.
The attending physician of appellant, who had fair opportunities of judging of his mental capacity and intelligence, testified that appellant had the ordinary intelligence of a full-blooded negro. There is *503nothing in the record going to show that he was an imbecile, or non compos mentis. There is also evidence in the record, and it was detailed in the hearing of the jury, that the appellant,…
2Cited by7 opinions
- St. Louis, K. C. & C. R. v. ConwayCourt of Appeals for the Eighth Circuit · 1907
- A., T. S. F. Rld. Co. v. JohnsonSupreme Court of Oklahoma · 1895
- Kirby Lumber Co. v. HenryCourt of Appeals of Texas · 1915
- Wilcox v. San Antonio & Aransas Pass Railway Co.Court of Appeals of Texas · 1895
- Texas & Pacific Railway Co. v. BoydCourt of Appeals of Texas · 1894
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