Owens v. Missouri Pacific Railway Co.

Citations

• 67 Tex. 679
• 4 S.W. 593
• 1887 Tex. LEXIS 945

Syllabus

<p>1. Verdict—Judgment.—When a verdict is rendered on evidence conflicting regarding the issue to be determined, it will not be disturbed on appeal except for errors in the proceedings of the court.</p> <p>3. Measure of Damages—Overflow.—Ordinarily the measure of damages for overflowing land by an embankment for a railway improperly constructed, is the loss resulting to the owner from each successive flood. A different rule prevails when the damage consists in permanent injury to the land itself; in such a case the measure of damages is the difference between the value of the land immediately before the erection of the embankment, and its value after all the damage caused by the obstruction to the water flow had been done. See opinion for a charge of court, held correct, as embracing substantially the law as above stated.</p> <p>3. Practice.—In order to subject the action of the trial court to revision on appeal, it must be excepted to at the time. The office of the bill of exceptions is to show the proceedings of the court which do not otherwise appear of record, and the mode ol its authentication being provided by law, the mere statement of the judge, although written by him and signed officially, can not be received as its substitute.</p> <p>4. Compromise Verdict.—That a verdict rendered in a suit for the recovery of damages for a tort in a case where the evidence bearing on the issue was conflicting, was the result of a compromise of the conflicting opinions of the jurors, affords no ground for reversal.</p> <p>5. Charge of Court.—A charge of court which directs the attention of the jury to a feature of the case presented on conflicting evidence under the pending issue, without assuming that it is established by evidence, but for the purpose of announcing the law applicable thereto, is not a charge on the weight of evidence.</p>