T. & P. R'y Co. v. O'Donnell

Citations

• 58 Tex. 27
• 1 Tex. L. R. 530
• 1882 Tex. LEXIS 204

Syllabus

<p>1. Infant Trespasser — Negligence.— A railroad company is responsible for an injury to a child trespassing on its track, where the injury might have been prevented had the employees of the company used ordinary care in keeping an outlook.</p> <p>2. Same.—Contributory negligence of parent.—See this case for circumstances under which the court regarded it as unnecessary to express any opinion as to how far the negligence of the mother, or person left in charge of the child by the mother, should be imputed to the infant.</p> <p>3. Charge of court—Defect in — Practice.— A mere defect in the charge, in failing to explain an expression used in it, cannot avail an appellant who did not ask an appropriate instruction at the trial.</p> <p>4. Evidence.— Evidence is unnecessary to show that the loss of an arm reduces the capacity to earn money.</p> <p>5. Practice in supreme court — Verdict.— The supreme court will not reverse a case because of a verdict which is not clearly wrong, although a different verdict would have been more satisfactory; nor because the amount of the damages given may seem somewhat large.</p>