Texas & Pacific Railroad v. Casey

Citations

• 52 Tex. 112
• 1879 Tex. LEXIS 118

Syllabus

<p>1. Pleading.—In a suit for damages against a railway company for alleged injury sustained by a passenger on account of the rude, wanton, and malicious conduct of the acting conductor of its train in putting her off a railway-car, there was no averment, in terms, that the conductor was an agent or servant of the company : Held, The petition being in other respects good, was not bad on general demurrer.</p> <p>2. New trial—Practice.—While the Supreme Court will not reverse a judgment based upon a verdict approved below, where the testimony is conflicting, unless the error is clear, it is the duty of the district judge, who has better opportunities to determine the relative weight of the evidence, to enforce fearlessly a new trial in a proper case.</p> <p>3. Statute construed—Railway company.—By the words “any usual stopping-place,” as used in the statute, (Paschal’s Dig., art. 4892,*) was meant either a regular station,, or any other place which a railroad company expressl.v, by public notice or otherwise, or im-. pliedly by user for such purpose, had designated as a proper place for passengers to get on or oil its trains, and where they would in consequence thereof have the right to demand the exercise of this privilege. A place at which a train is stopped for wood or water only, is not “a usual stopping-place ” in contemplation of that section.</p> <p>4. Charge of court—Practice.—Although a charge of the court may be objectionable, in a civil ease the error will not be sufficient to require the reversal of the judgment, if the attention of the court was not called to the error, either by exception or by asking a proper charge.</p> <p>o. Pact CASES.— See statement of the case for facts held sufficient to authorize a verdict for actual damages for $2,500, against a railway company, for illegally ejecting a passenger from its car.</p> <p>6. Damages—Practice.—Though the proper practice, when actual and exemplary damages are claimed, is to require the jury to discrimi