Texas & Pacific Railway Co. v. Volk

Citations

• 151 U.S. 73
• 14 S. Ct. 239
• 38 L. Ed. 78
• 1894 U.S. LEXIS 2032

Syllabus

<p>In an action for personal injuries, exceptions to rulings upon exemplary damages become immaterial if the court afterwards withdraws the claim for such damages from the consideration of the jury, and a verdict is . returned for “ actual damages ” only.</p> <p>Tiie omission of the court to instruct the jury upon a point of’ law arising in the case is not the subject of a bill of exceptions, unless an instruction upon the point was requested’by the excepting party.</p> <p>In an action against a railroad company by one of several workmen employed by another corporation in unloading a railroad car, for personal injuries sustained by being thrown off the car by the running of an engine and'other cars against it, testimony of another of the workmen that they were busy at their work, and did not think of'the approach of the engine until it struck the car, is competent evidence for the plaintiff upon the issue of contributory negligence on his part.</p> <p>In an action for personal injuries, brought against a railroad company by a -workman in the employ of another corporation, testimony that after his injuries his employer “ just kept.him on, seeing he got hurt, so he could make a living for his wife and family,” is competent evidence upon the question how far his capacity of earning a livelihood was impaired by his injuries.</p> <p>Judgment affirmed with additional damages under Rev. Stat. § 1010 and Rule 23 of-this court.</p>