Missouri Pacific R. R. Co. v. Lyde

Citations

• 57 Tex. 505
• 1 Tex. L. R. 513
• 1882 Tex. LEXIS 174

Syllabus

<p>1. Test of diligence required of railroad.— The test of diligence adopted by the supreme court required of railroad companies in furnishing and maintaining proper cars, machinery, etc., is that of ordinary care.</p> <p>2. Same.— It was error to charge that the railroad company is bound to protect its servants from injury by reason of latent or unseen defects, so far as human care and foresight can accomplish the result.</p> <p>3. Practice — Charge of court.— In a suit for damages for personal injury, no testimony was produced from which with any certainty the jury could estimate the amount of a medical bill; it was error to incorporate it in the charge upon the measure of damages.</p> <p>4. Damages •—Poverty of plaintiff.—Whatever may be the rule in cases of slander and of breach of promise of marriage, yet in a suit for damages for personal injury against a railroad company, brought by the party himself, although the plaintiff may show the nature of his business and the value of his services in conducting it as grounds for estimating damages, yet his wealth or poverty is an immaterial issue.</p> <p>5. Same.— Special exceptions to an allegation of poverty of plaintiff in the petition in such suit should be sustained.</p>