M. P. R'y Co. v. Martin
M. P. R'y Co. v. Martin
Opinion of the Court
Opinion by
§ 655. Opinion of witness, what is; admissible evidencei, ivlien; case stated. Appellee purchased a ticket entitling him to be carried over appellant’s road from Keller to Port Worth. He took passage on a freight train. On the route the train was stopped for the purpose of switching some cars, and in recoupling the cars of the train, the caboose, in which he was seated, received a shock, which threw him from his seat against a stove, whereby, he alleged, he received serious personal injuries, damaging him $1,000, to recover which he brought this suit, which resulted in a verdict and judgment in his favor for $500.
On the trial appellee, who was a witness in his own behalf, was asked by his counsel, “Whether or not the force of the returning train to couple to your car -was of unusual force?” Appellant objected to this question because it called for the opinion of the witness, and because the witness was not qualified to answer it. Witness was permitted to answer, and answered: “The force of the concussion of the train and the caboose when coupling was very unusual and unnecessary.” Held: As a general rule, the proposition that a witness will not be permitted to state his opinion or conclusion is correct.
§ 656. Charge of court regarded as excepted to; this rule does not apply when. Appellant objects to the charge of the court, that it did not contain all the law of the case. He requested no additional charges that were not given. He did not call the attention of the court to any omission in the charge in his motion for a new trial. Such objection cannot be considered in this court. Charges given by the court are to be regarded as excepted to, but this does not relieve a party from the duty of re
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.