Galveston Oil Co. v. Malin

Citations

• 60 Tex. 645
• 1884 Tex. LEXIS 21

Syllabus

<p>1. CHARGE OF court.— See opinion for a charge of the court in regard to the manner in which a jury should proceed in estimating damages, which, while not so clear and satisfactory as it should be, yet furnished the jury a rule for their guidance which cannot be said to be inapplicable to the case,— for facts of which see statement.</p> <p>2. Practice — Damages — Charge.— The better practice in suits for damages for personal injuries is for a party, who is disappointed with the terms in which the district judge has stated to the jury the rule to be followed in estimating damages, to at once ask him to give to the jury, in addition, a carefully drawn instruction embracing the rule to be followed in estimating the damages, as he believes it to be.</p> <p>3. Charge of court.— See opinion for a charge asked and refused which was directed to the question of contributory negligence on the part of the employee of a company, suing it for damages on account of personal injuries, which, though correct, yet the action of the court in refusing it afforded no ground for reversal, the substance of it having been given in the main charge to the jury.</p> <p>4. Damages.— See statement of case for facts as to the character of personal injuries, for which $1,000 damages were awarded, and which were held not so excessive as to require a reversal.</p>