Wright's Administratrix v. Donnell

Citations

• 34 Tex. 291

Syllabus

<p>1. Vindictive damages are not recoverable from the estate of a deceased trespasser, no matter how aggravated the trespass may have been.</p> <p>2. A verdict will not be disturbed because the eourt below erroneously instructed the jury that they might allow exemplary damages, when it is •apparent .that compensatory damages only were given by the jury. (Fitzpatrick v. Blocker, 23 Texas, 552, cited by the court.)</p> <p>3. Verdicts will not be disturbad because this court regards the evidence in the record as weak and contradictory, nor because it does not seem entitled to the weight accorded to it by the jury.</p> <p>4. Objections to the charge of the court'below to the jury should be taken in that court at the trial, and the proper charge be then asked.</p> <p>5. The principle that no obligation will he implied to pay for services rendered by a son to a parent, a nephew to an uncle, etc., does not obtain as between a son-in-law and his father-in-law.</p> <p>6. In a suit for the value of work, services, etc., done and rendered at various times from 1853 to 1366, verdict and judgment “ in coin ” were rendered for the plaintiff. He’d, that this was erroneous ; but inasmuch as the ■defendant in error consents to the .correction of the judgment in this respect, it is ordered to be so reformed, and to be.affirmed.</p>