G., C. & S. F. R'y Co. v. Wallen

Citations

• 65 Tex. 568
• 1886 Tex. LEXIS 708

Syllabus

<p>1. Railroads—Negligence—Passenger leaping from train—Personal injuries— Verdict—Insufficient evidence—See this case for evidence held insufficient to support a verdict against a railway company in a suit by a passenger for damages for personal injuries produced by, her leaping from defendant's train, under a sudden apprehension of danger.</p> <p>2. Same—Suit for damages—Evidence—Negligence—In a suit against a railway company for damages for an injury to the person from negligence, to entitle the plaintiff to recover, it is not enough that the evidence shows that the injured person did only what a prudent person would have done under the same circumstances, but it must likewise show that the defendant committed some fault, or was guilty of some negligence, which contributed to the injury.</p> <p>3. Duty of trial court—Verdict of jury—Insufficient evidence—Motion for new trial—The duty of a trial judge is not confined to advising the jury of the law of the case ; but if the testimony does not sustain the finding of the jury, their verdict should be §et aside and a new frial be granted.</p>