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: 800
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800 INDEX.
MUNICIPAL CORPORATIONS - continued.
(13) At common law a city corporation created by special charter is liable
for an injury resulting from a neglect to keep its streets in repair, and it is
not necessary that the right to sue therefor should be given by statute. City
of Galveston v. Posnainsky, 118.
2. In this case, as above stated, if there were pieces of glass or other
sharp and dangerous substances in the ditch, without which the injury,
notwithstanding the fall of the child, would not have occurred, even then,
though such substances would not have injured without the fall, yet
if the fall was caused by the defective condition of the sidewalk, then it
must be deemed the proximate cause of the injury. Id.
3. If the injury resulted from one of the causes, or from the two combined,
if such cause would not have existed but for the neglect of the city,
it would be liable if there was no failure on the part of the plaintiff to exercise
due care. Id.
4. A verdict was rendered against a city for $10,000 damages, caused
by its negligence in failing to keep its streets in repair, whereby the leg
of a child nine years old was injured and the child rendered lame for
life. Held, that though the verdict was for a large amount, the judgment
would be permitted to stand, the supreme court expressing an unwillingness
to substitute their judgment for that of the jury in the absence of facts
showing undue influence. Id.
5. In the absence of a statute declaring the liability of a municipal corporation
for injuries caused by defective sidewalks, such liability exists.
City of Galveston v. Barbour, 172.
6. In a suit brought by parents against a municipal corporation for damages
caused by defective sidewalks in the city, whereby the son of plaintiffs
sustained injuries from which he died, the mental suffering of the parents
does not form an element in estimating damages. Id.
7. In such a case the true measure of damages would be a sum equal to
the pecuniary benefit which might reasonably have been expected to result
to the parents from the services of the child, had he not been injured, taking
into consideration the fact that he was a minor, if there was no basis
for exemplary damages. In addition thereto the parents may recover the
costs of medical and other like expenses necessarily incurred. Id.
8. The day after an injury was sustained by a minor in his foot, from
which he died, the father (who sued a municipal corporation for damages)
examined a projecting bolt in the curbing of a sidewalk, in consequence of
what his son told him as to the cause of his injury, and found drops of
blood on it; the father stated this in evidence, and also that the boy was
with witness when he examined the bolt, and went there to look at it in
consequence of what had occurred between him and his son. Held, that the
testimony was not a part of the res gestce, and was inadmissible, for it was
but an indirect way of getting before the jury the declarations of the son.
Id.
9. Immediately after the injury was sustained, the child, weeping from
the pain, narrated to his mother the cause of his injury. Held, that the
declaration of the child, made under such circumstances, was part of the
res gestce and admissible. Id.
10. To render a municipal corporation liable in damages for injuries
caused by defective physical structures under the control of the corporation,
it must be shown that the corporation had notice of the defect. Id.
11. Under the constitution the legislature has the power to authorize a
municipal corporation to levy a poll tax. Perry v. City of Rockdale, 451.
12. There is no constitutional direction as to the manner in which munic
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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/m1/822/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .