Besso v. Southworth

Citations

• 71 Tex. 765
• 10 S.W. 523
• 1888 Tex. LEXIS 1223

Syllabus

<p>1. Pleading.—In an action for damages alleged to have been caused by defendant by leasing a house to prostitutes to injury of plaintiff, who owned adjacent houses and lots use 1 as homestead and for leasing for rent, damages being specified as difficulty in renting and in depreciation in value; held that a charge of the court submitting diminished rental value as an element of damages was. within the allegations in the petition, and was not error, there being no special exception to the allegations in the petition.</p> <p>2. Practice—Absence op Statement op Pacts.—In absence of a statement of facts it will be presumed that the allegations in the petition were sustained by the testimony upon the plaintiff recovering. A charge of the court that no testimony was produced to an important allegation will not control such presumption.</p> <p>3. Injury to Peelings.—The allegations in the petition showed a wanton and wilful invasion of plaintiff's rights by the defendant in persistently leasing his houses to prostitutes after being warned not to do so. In such state of facts injury to feelings would constitute an element in exemplary damages which would properly be submitted to the jury.</p> <p>4. Charge.—The charge of the court submitted to the jury as basis for computation of actual damages, (1) impaired rental value, (3) diminished value of the property, and (d) injury to feelings, also charging that no exemplary damages would be given. The verdict for plaintiff, was for twenty-five dollars for diminished rental and seventy-five dollars for injury to feelings. The allegations in the-petition making a case for exemplary damages, in absence of a statement of facts, it is unnecessary to determine whether “injury to feelings” in such case could be compensated as actual damages. Under the petitition presumed to have been proven it was properly allowed to plaintiff, and the error, if one, was not material.</p>