Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 323
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188.] TEX. & ST. L. Rl' Co. v. SnGGS. 323
Statement of the case.
appear affirmatively, we must presume that the motion was not insisted
upon or brought to the attention of the court. Otherwise it
would be in the power of the losing party, in a cause tried before
the judge alone, where the conclusions of law and fact were not in
the record, to procure a reversal by filing among the papers of a
cause a request of this kind, not entered upon the motion docket, or
made known in any manner either to opposite counsel or to the
judge trying the cause.
We do not think that the error complained of is such as we can
take notice of in the state of the record, and the judgment is
affirmed.
AFFIRMED.
[Opinion delivered November 7, 1884.]
TEX. & ST. LOUIS I'Y Co. v. I. T. SOUGS.
(Case No, 1742.)
1. CHARGE OF THE COURT.--A charge which declares that it is the duty of those
operating trains to inspect the same is not erroneous when the damage sustained
is alleged to have been caused by negligence of the carrier in failing
to furnish safe cars for traveling purposes.
,2. EVIDENCE - NEGLIGENCE.- The fact that the car within a short distance was
twice derailed showed prima facie negligence on the part of the carrier in
permitting such car to be used for carrying passengers; and in case such
evidence was not, in the opinion of the jury, rebutted, a verdict for damages
in favor of a person injured thereby should stand. Following Edgerton
v. N. Y, & H. R. R. Co., 39 N. Y., 229; Shearman & Redfield on Negligence,
280.
8. SAME- CHARACTER OF INJURY.--If physicians disagreed as to the nature of
the injuries sustained by plaintiff, this would not be sufficient to set aside
the verdict on the ground that the evidence does not show that he suffered
any physical injury, when they all agreed as to his physical suffering.
APPEAL from Titus. Tried below before the Hon. B. T. Estes.
I. T. Suggs, the appellee, brought this suit against the Texas &
St. Louis Railway Company, for damages to him caused by the overturning
of the passenger car in which he was traveling. He claimed
to have been seriously injured, that his head was cut, his body
crushed and some of his ribs broken, besides having severe internal
injuries. He alleged that he was confined to his bed for two
months, and that he was damaged in his not being able to attend
to business affairs. He also sued for exemplary damages.
The railway company answered by general demurrer, specially
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/345/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .