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

Citations

• 64 Tex. 549

Syllabus

<p>1. Charge of court — Transcript.— The charge of the court should avoid the statement of unnecessary matter which must tend to confuse a jury, and which on appeal must needlessly enlarge the record. The record should not he incumbered with needless details of testimony which could be condensed; or with assignments of error which, considered with reference to the rules-governing appealed cases, the attorney ought to know would be useless.</p> <p>3. Argument of counsel. — When, after the plaintiff’s counsel has addressed the jury, the defendant’s counsel declines to make an argument, this court will not revise the discretion of the district judge in permitting a second argument to be made by plaintiff’s attorney, when no injury is shown to have resulted.</p> <p>5. Damages — Possession — Fellow-servants.— In a suit against a railway company for damages for personal injuries inflicted on a deceased husband, who, it was alleged, was a passenger on defendant’s train when his injuries were received through its alleged negligence, there was conflicting testimony as to whether the deceased was a passenger or not. Held:</p> <p>(1) That, from the character of the case, — the injury complained of having been caused by the negligence of a servant of the company, — it was the duty of the court to give in charge to the jury the law by which, under the evidence, it could be determined what relation the deceased bore to the company when his injuries were received,— whether he was passenger or servant.</p> <p>(2) It was error to charge that the fact that the conductor of the train received and treated the deceased as a passenger, made him such.</p> <p>4. Railway company — Fellow-servant—Negligence.— A railway company is bound to furnish suitable machinery for the work intended to be performed by it. If it be defective, and, while being used for the purposes for which it was designed, an injury results to an employee which was caused by the defect, the company is liable, unless the