St. Louis Southwestern Ry. Co. of Texas v. Alexander
St. Louis Southwestern Ry. Co. of Texas v. Alexander
Opinion of the Court
This case comes to this court by transfer from the Dallas Court of Civil Appeals. It has been appealed before and will be found reported in 122 S. W. 572. We refer to the opinion of Chief Justice Rainey on the appeal referred to for a statement of the nature of the case and the rulings made on the controlling questions of law.
At the last trial in the court below the rulings of the Dallas Court of Civil Appeals were properly accepted and followed as the law of the case; and the trial judge submitted to the jury the issues which the appellate court held proper to be submitted, in order to determine the question of appellant’s liability. The jury decided the case in favor of the plaintiff and awarded $3,000 damages for the injuries which it is alleged his wife had sustained on account of the trespass and wrongful conduct of the defendant’s agents. Some of the questions presented on this appeal were decided against appellant on the former appeal, and we are not prepared to say that they were not correctly decided. The only question we care to discuss is presented by the contention, which is stressed on this appeal, that the injuries complained of and the'damages sought to be recovered therefor are too remote. Appellant relies upon the oft-repeated but not accurate general statement of the law, to the effect that damages can be recovered for only such injuries as could have been foreseen. The primary meaning of the word “foreseen” is to see or know beforehand, although it may sometimes be used in the sense of “anticipate” or “expect.”
It was held, in Hill v. Kimble, 76 Tex. 210, 13 S. W. 59, 7 L. R. A. 618, and Railway v. Hayter, 93 Tex. 239, 54 S. W. 944, 47 L. R. A. 325, 77 Am. St. Rep. 856, that damages were recoverable for physical and mental suffering caused by fright. But in this case it is contended that liability does not exist, because the injuries sustained by Mrs. Alexander could not have been foreseen or anticipated by appellant’s agents who committed the trespass. It is urged in argument that Mrs. Alexander recognized the trespassers as soon as she saw them, and must have known that they did not intend to commit burglary or any other crime, and therefore it is contended that they were not required to anticipate that the commission of the trespass referred to at the time and for the purpose supposed by Mrs. Alexander would so fright *137 en her as to cause both physical and mental suffering. While there may be some cases in other jurisdictions which tend to support appellant’s contention, we do not feel disposed to follow them. When a woman knows that her husband is charged with committing a crime, and sees an agent of the private prosecutor invade the sanctity of her home in the nighttime for the purpose of procuring testimony against him, it is not unreasonable to suppose that she will become frightened; and the extent of such fright and the result it may have upon her body are matters dependent largely upon the temperament of the woman and all other surrounding circumstances. In this case, according to the testimony of Mrs. Alexander and her physician, the jury could very properly conclude that the injuries complained of were the direct and natural result of the wrongful tort committed by appellant’s agents. This being true, and the jury having found, upon testimony which supports the finding, that the agents referred to were acting within the scope of their authority as agents, we perceive no sound reason why appellant should not be held responsible. Watson v. Dilts, 116 Iowa, 249, 89 N. W. 1068, 57 L. R. A. 559, 93 Am. St. Rep. 239.
If the plaintiff’s wife and the physician who treated her told the truth, her health was so impaired by reason of the wrongful conduct complained of as to justify the verdict for $3,000, and we therefore overrule all the assignments of error which assail the verdict.
We also hold that no error was committed in the respects complained of in rulings made upon the admissibility of testimony. It was not shown that proper diligence had been exercised in reference to the alleged newly discovered testimony. It was not shown that appellant’s attorneys, or some other agent connected with the litigation, did not know at the time of the trial the very fact which it is claimed could be shown by the new witnesses. It was so stated in the motion for new trial, but the motion was not sworn to by any one.
The court’s charge, in connection with others given at appellant’s request, presented the law of the case to the jury as favorably as appellant was entitled to have it presented.
The verdict of the jury involves findings in favor of the plaintiff on all of the material issues submitted by the charge, and we therefore find in favor of the plaintiff on all of those issues.
No reversible error has been shown, and the judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- St. Louis Southwestern Ry. Co. of Texas v. Alexander.
- Cited By
- 8 cases
- Status
- Published