Texas & P. R'y Co. v. Garcia

Citations

• 62 Tex. 285
• 1884 Tex. LEXIS 229

Syllabus

<p>1. Railway company— Drover’s pass — Negligence — Damages.— If a conductor of a railway train receives on his train minors, knowing that they are traveling under a “ drover’s pass ” as assistants to a drover, under a pass which contained a provision that minors should not be permitted to travel as assistants under such a pass, the minors are entitled to all the rights as against the company, for injuries received through the negligence of its servants, that any other passenger would have.</p> <p>2. Tbial.— When there is a mistrial of a cause and the jury is discharged, the cause may be again tried at the same term, and no objection on account of such second trial can be considered on appeal, unless a motion was made in the court below to continue for the term or postpone to a later day in the term.</p> <p>3. Same—Argument op counsel.— It is not error to permit counsel, in the closing argument, to reply to an argument made by the adversary on a question of law applicable to the case, and to comment upon authorities applicable to the question.</p> <p>4. Same.— The time and method of argument of counsel is largely subject to the discretion of the trial court, and the supreme court will not reverse a judgment for the sole reason that it might believe that too much latitude in discussion had been permitted, when it is not made to appear that the appellant was prejudiced thereby.</p> <p>5. Same.— The practice of using language in an argument referable to facts not in evidence, and calculated to rouse the prejudices of the jury against a party to the cause, should not be permitted. But when such language is used in response to similar language used by the adverse counsel, and equally unauthorized, the party provoking such a course of argument will not be heard to complain on appeal.</p> <p>6. Damages — Railway company.— A passenger was injured in alighting from a railway car in the night, at the wrong place and time, believing that he had reached his destination and had