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

Citations

• 64 Tex. 654

Syllabus

<p>Í. Evidence — Appeal. — The record must show distinctly what testimony was objected to in the court below, to enable the supreme court to revise the action of the inferior court in admitting it.</p> <p>8. Practice. — The assignment that the court below erred in overruling exceptions to the pleadings of the opposite party is too general to be considered where the pleadings and exceptions are numerous and lengthy. Errors not found on the record cannot be considered on appeal.</p> <p>3. Same. — An assignment of error that the court refused to give the special charges requested, the charges requested containing six paragraphs containing distinct propositions upon distinct lines of defense, does not specify any error with sufficient certainty for the court to act on each paragraph separately.</p> <p>4. Charge — Repetition. — In a damage suit against a railroad company the court in its charge repeated several times that a great degree of care was required of the conductor of a train in expelling an insane woman from a car. Held, that the repetition of the statement could do no harm unless it induced the jury to believe that the court thought there was evidence showing a want of the requisite care. The repetition was not of .a character to thus mislead the jury, and occurred only when it was necessary to qualify the principles applicable to the different phases of the case.</p> <p>5. Conductor.— A conductor may use only as much force as is necessary to lawfully expel a person from a car.</p> <p>6 Practice — Charge.— A defective charge can only be properly presented on appeal under an assignment bringing in review the action of the court in refusing a special charge covering the point.</p> <p>7. Evidence — Charge.— Testimony showing the mental condition of the injured party and the rough manner in which she was treated is sufficient to authorize a charge instructing the jury to consider mental suffering in estimating damages.</p> <p>8. Jury — Pleadings.— The jury may rea