Falls County Turnpike Road & Bridge Co. v. Jordan
Falls County Turnpike Road & Bridge Co. v. Jordan
Opinion of the Court
Nor did the court err in admitting evidence to establish amount of physician’s bill incurred by plaintiff, objection being that allegations in the plaintiff’s petition would not admit proof. But the petition did not allege the amount of said bill; and the defendant having gone to trial without excepting to the petition specially by pointing out such indefiniteness, objection to evidence to establish the amount will not be heard. Frost v. Sweet, 2 Tex., 485.
The admission of evidence as to time lost by plaintiff was proper under the allegations.
The court properly held that the damage claimed by reason of loss of crop which he expected to raise was too remote to afford a ground for recovery.
There was testimony tending to support the ‘plaintiff’s action, and upon the issues submitted to the jury their verdict is not contrary to the evidence.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.