Flanagan v. Womack

Citations

• 54 Tex. 45
• 1880 Tex. LEXIS 123

Syllabus

<p>1. Damages—Evidence.—In an action for damages for atrespass vi et armis, brought in the district court, evidence of the payment of a fine imposed in the county court for the same trespass in a criminal prosecution, is admissible as evidence in mitigation of damages.1</p> <p>1 See opinion for reasons why Judge Bonner would not, as an original proposition, concur in this view of the law.</p> <p>8. Exemplary damages—Evidence.—Exemplary damages being allowed in certain cases as a punishment, and not strictly as a compensation for the wrong done, all the facts and circumstances which would enable the jury to act advisedly in inflicting the appropriate punishment, are proper for the consideration of the jury.</p> <p>4. Exemplary damages.—No recovery can be had for exemplary damages in the absence of evidence of actual or compensatory damages.</p> <p>5. Trespass—Damages.—For every trespass the injured party is entitled to at least nominal damages. This nominal damage would be the measure of the actual damage, if no other were shown.</p> <p>6. Fact cases.— See case for facts improperly excluded on the trial, but of such a character as not to authorize a reversal of the judgment.</p> <p>7. Evidence — Practice.—The court may in its discretion refuse to entertain an objection to a question propounded to a witness unless the ground of objection be stated; but should a general objection be entertained, and correctly sustained, it would be no ground for reversal, no substantial error having been committed.</p> <p>8. Practice—Assignment of errors.—An assignment of errors, which alleges error “ in overruling plaintiff’s motion for anew trial for the eleven reasons therein contained,” is too general to require the court to pass upon it.</p>