Dreiss v. Friedrich

Citations

• 57 Tex. 70
• 1882 Tex. LEXIS 96

Syllabus

<p>1. Bill of exceptions — Damages—Evidence.—Ahill of exceptions, in an action to recover actual damages for personal injuries, was taken to the action of the court in admitting, over objections, evidence “of the worldly condition of plaintiff, and how many children he had, and whether they were dependent on him for a support. ” The statement of facts showedno direct evidence of plaintiff’s pecuniary condition, but did show the number of plaintiff’s children, and that in answer to a question as to who supported them, he answered, “ I have to support them.” Held,</p> <p>(1) The bill of exceptions was substantially supported by the statement of facts.</p> <p>(2) The suit being for actual damage, the answer to the question was calculated to excite the sympathy of the jury, and its admission was error.</p> <p>2. Statement of facts — Stenographic report.—The full stenographic notes of the testimony and proceedings on the trial of a cause should not incumber the record as a substitute for the statement of facts. Such a practice is in violation of a rule of court (Rules for District Court, 71, 72).</p>