T. & P. R'y Co. v. Lowry

Citations

• 61 Tex. 149
• 1884 Tex. LEXIS 63

Syllabus

<p>1. Negligence — Measure of damages. — When a bodily injury was sustained in consequence of the negligence of a railway company, which injury was of a permanent character, inflicting great bodily pain when it was received, and for a long time afterwards, it was held that a verdict for $2,000 was not so excessive as to require a reversal.</p> <p>3. Same — Duty of engineer. — While a railway company has the right to use its own track, and while its engineer ordinarily, when his train is in motion, seeing persons near the track ahead of him, has the right to presume that they will keep out of the way, yet, when the train is moving in a town, great watchfulness on the part of the company’s servants is required. It is then the duty of the engineer, before starting his engine across a street, not only to give timely warning of his intention to start, but to look ahead and see that his train is not likely to hurt persons who are passing.</p> <p>3. Charge of court — Record.— When the entire charge of a court is not incorporated in the record, the presumption will be indulged that a proper charge was given in regard to an issue about which the record contains no charge.</p> <p>4. Same.— In a suit for damage, charged to have been sustained by the negligence of a railway company in running its cars across a public street, from which plaintiff’s arm was broken and great pain inflicted, the court was asked by defendant to charge the jury: “That defendant had the right to use its own track, and its servants managing its train would have the right to presume, if its track was clear, that it would remain so; and if its servants saw plaintiff driving his team toward the crossing over its track, they had the right to act on the presumption that he would not drive his team on to its track, or in contact with its train, or in dangerous proximity to it; and if you believe from the evidence that plaintiff was not on the track that defendant’s engine occupied, and that his injury, if an