Texas Pacific Railway Co. v. Davidson

Citations

• 68 Tex. 370
• 4 S.W. 636
• 1887 Tex. LEXIS 699

Syllabus

<p>1. Statute of Limitations.—When the cause of action is an injury resulting from the alleged negligence of the defendant, the time, place and circumstances of which are stated in the original petition, which is filed before limitation has barred the action, limitation can not be pleaded to an amendment which states more' fully than the original petition the results of the injury, and which is filed at a time when the statute would bar a recovery on a suit then brought-</p> <p>2. Damages—Negligence.—If one entitled to the rights of a passenger on a railway train is, without being guilty of contributory negligence, injured in the effort to get on the train, which has started from a stopping place before the time designated to the passenger by the conductor in charge, the company is liable in damages for the injury.</p> <p>3. Verdict—Excessive Damages.—A woman fifty-seven years old, who was a passenger on a railway train, was told at a station that she had ten minutes within which to recheek her baggage. Within that time she attempted to get on a car while the train was not moving, and was told by a brakeman to get on the train, as there was plenty of time. In attempting to do so, the train started suddenly and threw her off. In falling she received injuries. She was deprived permanently of the use of her left arm, her power to move about as formerly was impaired, one of the bones of her shoulder was broken, her spine injured, her general health rendered bad, great pain occasioned and her system rendered more hable to disease. Held:</p> <p>(1) The verdict of a jury awarding damages can not be disturbed on appeal, when found on conflicting testimony, if there is evidence to sustain it. In such a case, the finding of the jury upon the facts must be regarded as conclusive.</p> <p>(2) A verdict for five thousand dollars damages was not deemed so excessive as to require a reversal.</p>