East Line & Red River Railroad v. Lee

Citations

• 71 Tex. 538
• 9 S.W. 604
• 1888 Tex. LEXIS 1179

Syllabus

<p>1. Railroad Lease—Rights of Public.—A railroad can not lease its road to another so as to absolve itself from its duties to the public. Following Ry. Co. v. Morris, 68 Texas, 59; Int. & G. N. Ry. Co. v. Kuehn, 70 Texas, 582; and Same v. Eckford, 70 Texas, supra.</p> <p>2. Charge to Jury.—While it is improper in the charge to refer to the amount of damages claimed in the pleadings as the limit of the amount-to be found in the verdict, yet, where the jury found greatly less than the amount claimed, and not more than they were justified under the evidence in finding, the verdict will not for that cause alone be set aside.</p> <p>3. Verdict not Excessive.—A verdict for five hundred dollars held not to be excessive in favor of a passenger holding a ticket and thrown from the platform of a car by the conductor in the manner detailed by him as follows: “The conductor took me by the right shoulder, gave me a shove which threw me off the train and I hit the ground left shoulder first.” * * * “I was not ‘stove up’ or seriously injured but was considerably bruised.” * * * “I had no bones broken and no sprains— it just made me a little sore for a week—I was unable to work during that time.”</p>