Dallas & Wichita R'y Co. v. Spicker

Citations

• 61 Tex. 427
• 1884 Tex. LEXIS 118

Syllabus

<p>1. Damages — Burden of proof — Negligence.— In an action for injuries caused by an alleged failure of duty on the part of the defendant, when the failure of duty and the injuries are shown by the plaintiff, and there is nothing that implies that he brought the injury on himself by his own negligence, then the burden of proof is on the defendant to prove that the plaintiff was guilty of such negligence. On the other hand, when the plaintiff’s own case exposes him to suspicion of negligence, then he must clear off such suspicion.</p> <p>2. Damages — Husband and wife.— The wife recovered a judgment against a railway company for $5,000 damages, for the killing of her husband; she had lived separate and apart from him for a year before the injury which resulted in his death. Held:</p> <p>(1) The fact of their separation would not deprive the wife, so long as the conjugal relation existed, of a decent support according to her state and condition in life, so long as she did nothing to forfeit that right by her own wrong.</p> <p>(2) No legal presumption can be indulged that the marital relation can ever be dissolved, except, by the death of one of the parties.</p> <p>3. Evidence.— In a suit for damages by the wife and mother for the wrongful killing of the deceased, evidence showing the ability of the deceased, had he lived, to render pecuniary aid to his wife and mother, is proper.</p> <p>4. Charge of court.— See opinion for a charge asked of court to the effect that, in a suit by the wife for damages for the wrongful killing of her husband, the fact that the husband had abandoned the wife would, if the jury should believe that the abandonment was permanent, entitle the wife to only nominal damages, held, to have been properly refused.</p>