Brandon v. Gulf City Cotton Press & Manufacturing Co.

Citations

• 51 Tex. 121

Syllabus

<p>1. Practice—Contributory negligence.—As a general rule, the question of negligence is one of fact for the jury; and where the issue is upon contributory negligence by plaintiff, it would be error to withdraw such question from the jury.</p> <p>2. Contributory negligence.—It is the duty of one who seeks redress for another’s wrong, to use due diligence to prevent loss thereby. This principle applies to a breach of contract, and a party is not entitled to compensation for consequences of a breach when he had opportunity to prevent them.</p> <p>3. Damages—Proximate cause.—The intervention of the independent act of a third person between the wrong complained of and the injury, and which act was the immediate cause of the injury, is made a test of that remoteness of damages which forbids recovery.</p> <p>4. Damages—Practice.—Although the question of contributory negligence proper is one of fact for the consideration of the jury, under proper instructions, yet the question of the remoteness of damage is one of iatv to be decided I))'- the court.</p> <p>5. Damages.—See case for facts which did not authorize a recovery for damage subsequently developed, which had as its primary origin the -wet condition of cotton when delivered for shipment.</p>