Galveston, Harrisburg & San Antonio Railway Co. v. La Prelle
Court of Appeals of Texas
• Appeal from Caldwell. Tried below before Hon. H. Teichmueller. The argument of defendant’s counsel to the jury complained of by appellant and referred to in the opinion, consisted in reading and reference to opinions of the Supreme Court sustaining recoveries of damages in certain eases as not excessive.
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• Appeal from Caldwell. Tried below before Hon. H. Teichmueller. The argument of defendant’s counsel to the jury complained of by appellant and referred to in the opinion, consisted in reading and reference to opinions of the Supreme Court sustaining recoveries of damages in certain eases as not excessive. The evidence of witness Bollen, referred to in the opinion, was that the conductor, Dillon, was a man of irritable temper; and it was objected to because there was no allegation of defendant’s employment or retention of him as conductor with knowledge thereof, nor liability for his malice…
1Opinion of the Court
FISHER, Chief Justice.
—This is an action by La Prelie against the railway company for damages arising from injuries inflicted upon him when a pessenger on one of the appellant’s trains, by the conductor thereof, in an assault and battery upon the appellee. In the trial of the case below, the appellee recovered a judgment for $1500 against the appellant.
The evidence of La Prelle is to the effect that some controversy arose between him and the conductor concerning the fare, or the amount thereof, which the conductor was entitled to collect. The appellee at that time struck the conductor, who…
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