Pullman Palace Car Co. v. Trimble
Court of Appeals of Texas
Appeal from Tarrant. Tried below before Hon. W. D. Harris. 1. Mental anguish and suffering and injury to feelings sustained by one person resulting from the tortious treatment inflicted by a second person upon some third person, are not proper elements of actual damages. Railway v. Trott, 86 Texas, 412; Railway v. Levy, 59 Texas, 566; Rowell v. Tel.
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Appeal from Tarrant. Tried below before Hon. W. D. Harris. 1. Mental anguish and suffering and injury to feelings sustained by one person resulting from the tortious treatment inflicted by a second person upon some third person, are not proper elements of actual damages. Railway v. Trott, 86 Texas, 412; Railway v. Levy, 59 Texas, 566; Rowell v. Tel. Co., 75 Texas, 26; Railway v. Sutton, 53 111., 397; 2 Wood on Rys., 1238. 2. Mental anguish and injury to feelings, unless growing out of a breach of coutract, or injury to the name, person, or property of thecomplaining party, can not be…
1Opinion of the Court
HEAD, Associate Justice.
Appellee, a lady about 50 years old, in company with her sister, Mrs. Hardesty, and her nephew, a boy aged about 6 years, was travelling from Fort Worth to Atlanta, Texas, in one of the sleeping cars of appellant. They specially requested the conductor and porter to awaken them in time to enable them to dress before reaching their point of destination. This, however, was not done. They arrived at Atlanta about 5 o’clock in the morning, while it was yet dark, and not being prepared to leave the car, the train started on with them, but after passing the depot a short…
2Cases cited8 opinions
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Gulf, Colorado & Santa Fe Railway Co. v. TrottTexas Supreme Court · 1894
- I. & G. N. R'y Co. v. GilbertTexas Supreme Court · 1885
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Hale v. Bonner and Eddy, ReceiversTexas Supreme Court · 1891
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3Cited by4 opinions
- Adams v. BrosiusOregon Supreme Court · 1914
- Koontz v. Keller, Admx.Ohio Court of Appeals · 1936
- Taylor v. Spokane, Portland & Seattle Railway Co.Washington Supreme Court · 1913
- Gosa v. Southern Ry.Supreme Court of South Carolina · 1903