International & G. N. R. R. v. Kindred

Citations

• 57 Tex. 491
• 1882 Tex. LEXIS 173

Syllabus

<p>1. Damages fob negligently causing death—Railroad.—Under the statutes (R. S., arts. 2899, 2900), an action for actual damages lies in favor of the parent, etc., for damages against a corporation for negligently causing death, whether an action ever accrued in favor of the deceased or not. Such action lies in case of the instantaneous death.</p> <p>2. Same—Action by parent fob death of son.— In an action for damages by the surviving parent (mother) for the death of her adult son, her pecuniary condition may properly be alleged to show the reasonable expectation of pecuniary assistance from the deceased, but not for the purpose of increasing the amount of damages.</p> <p>3. Depositions — Idem sonans.— A commission to take depositions of John McKay was returned with testimony given by John Macke. The testimony was admitted,— it not appearing but that the words McKay and Macke were idem sonans. Held,, that there was no error in admitting the testimony.</p> <p>4. Evidence.— See case where admission of hearsay testimony was held immaterial; the same testimony having been given without objection in answer to other questions.</p> <p>5. Province of jdby—Notice.— It was a question of fact whether a train-master charged with the duty of examining for defects, etc., in machinery, etc., actually knew or could have known the defect causing his own death. His duty as employee does not, as matter of law, relieve the company employing him from responsibility for negligence in the use of defective machinery.</p> <p>6. Fact case.— See case of conflicting testimony where the court refused to set aside a verdict.</p> <p>7. Damages—Annuity.— The jury are not limited in damages to the present value of an annuity for the probable duration of life of the plaintiff, for the amount shown to have been actually furnished the plaintiff per annum during her life by the deceased son.</p>