Gulf, Colorado & Santa Fe Railway Co. v. Butcher
Texas Supreme Court
John Butcher and wife filed this suit, September 16, 1884, in the District Court of Dallas County, to recover damages in the sum of $2500 for injuries received by the wife at Cleburne, Texas, in changing cars for the train to Dallas through falling from the platform at night.
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John Butcher and wife filed this suit, September 16, 1884, in the District Court of Dallas County, to recover damages in the sum of $2500 for injuries received by the wife at Cleburne, Texas, in changing cars for the train to Dallas through falling from the platform at night. A trial was had upon this petition upon the-day of December, 1886, and after a new trial granted, plaintiff filed an amended original petition on the 3d day of January, 1887, claiming damages in the amount of $10,200. July 12, 1889, judgment was rendered for the plaintiff for $4000 actual damages. Motion for new trial…
1Opinion of the Court
MARR, Judge,
Section A.—We think that the language and conduct of counsel for the plaintiff in his closing address to the jury, as disclosed by the bill of exceptions noted in the preceding statement of the case, was highly improper and well calculated to divert the minds of the jurors from the real issues in the case, and to influence their feelings to passion’s heat and thus prejudice them against the defendant and prevent a deliberate exercise of rational judgment. In such case, if there is a reasonable doubt, in view of the evidence, of the correctness of the verdict, and a strong…
2Cases cited8 opinions
- International & Great Northern Railroad v. HallorenTexas Supreme Court · 1880
- Moss v. Sanger Bros.Court of Appeals of Texas · 1889
- I. & G. N. R'y Co. v. UnderwoodTexas Supreme Court · 1885
- Missouri Pacific Railroad v. JohnsonTexas Supreme Court · 1888
- Texas & P. R'y Co. v. GarciaTexas Supreme Court · 1884
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3Cited by21 opinions
- New York Central Railroad v. JohnsonSupreme Court of the United States · 1929
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
- Pingatore v. Montgomery Ward & Co.Court of Appeals for the Sixth Circuit · 1969
- Missouri-Kansas-Texas R. v. ThomasonCourt of Appeals of Texas · 1927
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