H. & T. C. R'y Co. v. Marcelles
Texas Supreme Court
Error from Grayson. Tried below before the Hon. Joseph Bledsoe. Charles Maroelles brought this action against the Houston & Texas Central Bailway Company for alleged injuries received by him on the 1st day of October, 1877, Avhile in the employ of said company and in the discharge of his duties as switchman, laying his damages at $10,000. The negligence stated in the petition Avas the failure of the H. &' T. C. B’y Co. to provide suitable fastenings to a rod used on this…
Read the full summary
Error from Grayson. Tried below before the Hon. Joseph Bledsoe. Charles Maroelles brought this action against the Houston & Texas Central Bailway Company for alleged injuries received by him on the 1st day of October, 1877, Avhile in the employ of said company and in the discharge of his duties as switchman, laying his damages at $10,000. The negligence stated in the petition Avas the failure of the H. &' T. C. B’y Co. to provide suitable fastenings to a rod used on this particular engine for switchmen to hold to in going on the engine from one part of the yard to another, and that the…
1Opinion of the Court
Walker, P. J. Com. Apr.—
The first assigned error is that “ the finding of the jury is contrary to the law as given them in the instructions of the court.” A verdict is not wrong because it is not in accordance with an erroneous charge, and a judgment will not be reversed because it is not. Merriwreather v. Dixon, 28 Tex., 19; Wright v. 'Wright,15 Tex., 23. If the assignment is meant to imply that the charge was correct law, in order to assail the verdict as being in conflict with the law. of the case as given in the charge, it must be treated as the assumption by the appellant that the charge…
2Cases cited9 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- City of San Antonio v. JonesTexas Supreme Court · 1866
- Houston & Great Northern Railroad v. RandallTexas Supreme Court · 1878
- Carter v. CarterTexas Supreme Court · 1849
- Chandler v. MecklingTexas Supreme Court · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Morton Salt Co. v. WellsTexas Supreme Court · 1934
- Gulf, Colorado & Santa Fe Railway Co. v. ManghamCourt of Appeals of Texas · 1902
- San Antonio Gas Co. v. SingletonCourt of Appeals of Texas · 1900
- Eames v. T. & N. O. R'y Co.Texas Supreme Court · 1885
7 more not listed; retrieve them via the Exa API.