Houston & Texas Central Railway Co. v. Lee

Citations

• 69 Tex. 556
• 7 S.W. 324
• 1888 Tex. LEXIS 895

Syllabus

<p>1. Verdict. — The fact that the weight of evidence is against a verdict, will not of itself justify the reversal of a judgment based thereon, if there be evidence to sustain the verdict. It is only in cases where the verdict is manifestly wrong that the Supreme Court will disregard it on the ground that it is against the weight of evidence.</p> <p>#. Damages. — A young lady while a passenger on the coach of a railway company, was injured by the coach leaving a defective track on which the cross ties were rotten, and when the train was going at a speed more rapid than usual. She was for a time rendered unconscious; her ribs were broken, her spine injured, her health impaired, and thereafter at intervals of six weeks, she suffered pains such as a woman has in child birth. Held, that a verdict against the railway company for six thousand nine hundred and thirty-three dollars was not excessive.</p> <p>3. Same. — A passenger-on a railway car who is injured by reason of the malicious act of one not in the employ of the railway company, whereby the ear was derailed, can not recover for the damage inflicted.</p>