Houston & T. C. R. R. Co. v. Shafer

Citations

• 54 Tex. 641
• 1881 Tex. LEXIS 75

Syllabus

<p>1. Pleading—Practice.—An amendment which was filed to a pleading before the adoption of the present rules by the supreme court did not have the effect to withdraw the pleading amended, or to suppress or supplant any of its allegations, except in so far as the amendment effected that result by legal construction.</p> <p>2. Fact case.— See statement for facts pleaded, as a basis for special damage, which were held to have been sufficiently specific.</p> <p>3. Assignment or error.— An assignment of error embracing in general terms all the charges and instructions given by the court, is too general, and will not be considered.</p> <p>4. Res gestae.— In a suit against a railway company for injury, which the plaintiff alleged he had received while a passenger, from the negligent and wrongful management of its train, his expressions indicating pain uttered after the alleged injury are admissible in evidence as part of the res gestae. Whether his suffering was real or feigned was a question for the jury.</p> <p>5. Fact case.— See statement of case for facts held sufficient to sustain a verdict for fifteen hundred dollars damages against a railway company, for producing a more aggravated condition of hernia than had before existed, caused by its cars running off the track, whereby plaintiff was shocked, and thus damaged.</p>