Gulf, Colorado & Santa Fe Railway Co. v. Coon

Citations

• 69 Tex. 730
• 7 S.W. 492
• 1888 Tex. LEXIS 928

Syllabus

<p>1. Damages. — It is the duty of one who receives personal injuries from the wrongful act of another to use ordinary care and prudence to have himself cured, and he forfeits his rights to recover damages that might have been saved, and which resulted from his own negligence in failing to adopt means of cure.</p> <p>2. Evidence. — The answers of a witness having been read by one party to discredit another witness the adversary may introduce in evidence the further answers of the witness tending to show his own temper and feeling toward the witness he thus seeks to discredit, and his motives and interest in a former prosecution of the witness, about which he has been interrogated. The inquiry can not extend beyond the witness’s own statement of his connection with such prosecution.</p> <p>3. Impeaching a Witness. — A witness can not be impeached or contradicted upon matter not relevant1 to the issue.</p> <p>4. Remittitur. — The trial judge can not overrule a motion for newtrial in a a suit for damages for personal injury, on the ground that a remittitur has been entered by the plaintiff, when the motion is based on the fact that the damages awarded were excessive. The judge can not thus invade the province of a jury by measuring the damages for which they should have returned a verdict.</p>