St. Louis Southwestern Ry. Co. of Texas v. Kirby
St. Louis Southwestern Ry. Co. of Texas v. Kirby
Opinion of the Court
This suit was brought by appellee against appellant to recover damages for the suffering, discomfort, and sickness, etc., caused to him, his wife and six children, as stated in his petition, which alleges: “That on the 5th of January, 1910, he, with his family, consisting of his wife and six children, were passengers on defendant’s train. That at Addison, a station some 13 miles from Dallas, they were required to move from the car' in which they were riding into another coach, which they did. That the coach into which they moved was left standing upon the track at said station for a long time. That it was cold, wet, snowy weather, and the coach from which the plaintiff and his family were' removed was warm and comfortable, and the one into which they were removed was cold and without fire. That they were kept at said place without protection, and afterwards removed to Dallas in • said car in its cold condition. That, by reason of the negligence of the defendant, plaintiff’s entire family was made sick, including himself. That three of his children were taken with severe spells of pneumonia, so that their lives were put in danger, they all being minors, aged, respectively, eleven eight, and five years. That plaintiff was put to great financial cost and expense for medicine and doctor’s fees, and great and extra care and trouble upon the part of himself and his wife in nursing the children, and both plaintiff and his said wife suffered great mental anguish and anxiety for the welfare of their said children, and because the health of said children has become greatly impaired from said sickness plaintiff and his wife still suffer great mental anguish and anxiety for their welfare, and have been deprived of the services of their said children.” In a trial amendment, among other things, he alleged as follows: “That three of his children as the direct cause of said negligence were taken with severe spells of pneumonia, so that their lives were put in grave danger, said children being minors, aged, respectively, eleven, eight, and five years; that by reason thereof plaintiff was put to great cost and expense for medicine and doctors’ bills, to wit, the sum of $100, and was put to great and extra care and trouble upon the part of himself and wife, who is the mother of said children, for the care and nursing of said children; that plaintiff and his said wife have suffered great mental anguish and anxiety; that the health of said children has become greatly impaired from said sickness, and plaintiff has been deprived of the value of the services of said minors, and will for a long time be deprived of their services, all to his damage in the sum.of $5,000.” Appellant answered by general demurrer, general denial, and pleaded contributory negligence, in effect, that, if any sickness resulted, it was from exposure other than traveling as a passenger on appellant’s .train. A trial before a jury resulted in a verdict and judgment in favor of appellee for $325, from which this appeal is taken. We conclude that the evidence supports the allegations of plaintiff’s petition, except as to the reasonableness of medical bills.
This error requires a reversal of the case, unless appellee will remit the sum of $100, the amount claimed for medical attention, within 15 days from this date. If a remit-titur is entered, the judgment will be reformed and affirmed.
Reference
- Full Case Name
- St. Louis Southwestern Ry. Co. of Texas v. Kirby. [Fn&8224]
- Cited By
- 3 cases
- Status
- Published