I. & G. N. R'y Co. v. Brett

Citations

• 61 Tex. 483
• 1884 Tex. LEXIS 129

Syllabus

<p>1. Practice — Service. — A motion to quash a citation for alleged defects therein, on which no action of the district court was procured until two terms had intervened, presents no question which wifi be considered on appeal; for, under the statute, if either the citation or the [service thereof had been acted on and held defective at the term when the motion was filed, under the sta'ute the defendant would have been regarded as having made his appearance at the succeeding term.</p> <p>3. Same.— When no excuse is shown for not procuring the action of the district court on a motion to quash a citation for defects therein during the term at which it is filed, the right to urge the objection at a subsequent term is waived.</p> <p>8. Practice. — Special demurrers, on which no action of the court below has been procured, will be regarded as waived.</p> <p>4. Evidence. — In an action for damages for injuries received from being struck by a locomotive, evidence that the plaintiff was thrown by the blow into a ditch, the water in which was deep enough to drown a' man, is admissible, as immediately connected with the manner of the infliction of the injury charged, and no specific averment in regard either to the ditch or water was necessary to authorize its introduction.</p> <p>6. Same.— So, also, when reimbursement by way of damages of the amount expended in medicines and for medical attendance is claimed, a general statement of the amount by a witness may be made, and it is no ground of objection to bis testimony that each item, such as the number of visits made by the medical attendant, or the articles of medicine purchased, were not proved. This the defendant could examine the witness about if he desired.</p> <p>6. Damages.— Though a verdict for damages for a wrong done may appear to the court to be for a large amount, it will not be disturbed when there is nothing in the record showing it to be clearly excessive.</p>