Ham v. Taylor
Texas Supreme Court
Appeal from Navarro. Tried below before tbe Hon. R. A. Reeves. Suit by appellee, to recover damages for an assault and battery, committed upon bim by the appellant.
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Appeal from Navarro. Tried below before tbe Hon. R. A. Reeves. Suit by appellee, to recover damages for an assault and battery, committed upon bim by the appellant. From tbe statement of facts, it appeared tbat there was no contradiction in tbe testimony, and tbat tbe appellee committed a severe and violent battery upon tbe appellant; be inflicted severe wounds upon bis bead, some of wbicb cut to tbe skull, in a triangular form, and from their appearance, seemed to bave been made by some sharp instrument. Tbe court gave a full and clear charge to the jury, of considerable length, to wbicb no…
1Opinion of the Court
Wheeler, Ch. J.
There was manifestly no error in overruling the motion for a new trial. There can he no just pretense that the damages were excessive. 1STor will a new trial he granted, on the ground of newly discovered evidence, which, .at most, could he received only in mitigation of damages. Judgment affirmed.
Judgment affirmed.
2Cited by10 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1897
- Blaugrund v. GishCourt of Appeals of Texas · 1943
- Lowry v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1920
- Missouri, Kansas & Texas Railway Co. v. GistCourt of Appeals of Texas · 1903
- Galveston, H. & S. A. Ry. Co. v. WaldoCourt of Appeals of Texas · 1934
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