Texas Mexican Railway Co. v. Douglass

Citations

• 69 Tex. 694
• 7 S.W. 77
• 1888 Tex. LEXIS 922

Syllabus

<p>1. Statute Construed. — Construing article 1128 Bevised Statutes, held; That the word “morning,” ?s used in that section includes the period or time between sun rise and twelve o’clock m., and if the sheriff of a county fails to adjourn the court on the morning of the fourth day of the term when the district judge had not appeared during the term until that time, and the judge should appear at any time before twelve o’clock m. of the fourth day and proceed to hold the term, a previous election of a special judge on the morning of that day, is in operation to invest him with authority to preside as judge for the term.</p> <p>2. Evidence — Damages.—Though evidence of mental suffering, naturally resulting from an injury, is sometimes admissible to show actual damage, yet, when it results from apprehension that the sufferer can not make a support for his wife and children, he can not in a suit for damages for personal injury be questioned regarding such apprehensions as a basis for damages.</p> <p>3. General Reputation. — The fact being admitted in a suit for damages on account of the negligence of the employe of a corporation, that he was. legally in its employ, soon after the injury complained of, but controverted as to whether he was employed at the time the injury was inflicted, evidence of the “general impression” of the employes that such employe was employed on the date of the injury, is not admissible. It would be competent to show by the recollection of witnesses the date when the employe began to act as such; from that date the employer would be liable for his acts of negligence, if his assumption to act as employe was with the knowledge and consent of such employer.</p> <p>4. Measure of Damages. — In an action for damages where death has resulted, or where the capacity of the person receiving personal injury is entirely destroyed, evidence is admissible to show the probable duration of the life of the injured party, had no injury been inflicted, and the va