San Antonio Traction Co. v. Corley
San Antonio Traction Co. v. Corley
Opinion of the Court
This is a suit brought by appellee against appellant to recover .damages for personal injuries alleged to have been sustained by appellee’s wife by reason of the negligence of appellant. Plaintiff alleged', in substance, that while one of appellant’s cars was standing still, ready for the reception of passengers, plaintiff’s wife stepped upon the running board of such car with a view of entering the same, and just as she' stepped upon said running board, and before she had time to enter said car, defendant, its servants, agents, and employés in charge pf said car, negligently and carelessly started said ear into sudden and rapid motion, by means whereof plaintiff’s wife was thrown with great force and violence to the pavement, rendering her unconscious, and seriously and permanently injuring her. The defendant answered by general denial, plea of contributory negligence, and pleaded, further, that the alleged accident was caused by the act of Mrs. Corley in attempting to leave the car as the same was started. The trial resulted in a verdict and judgment in favor of plaintiff for $12,500, from which defendant appealed.
Conclusions of Fact.
There is a direct conflict in the evidence, and, the jury having determined in favor of the credibility of the plaintiff’s witnesses, we conclude, after a careful examination of the evidence, that the evidence of said witnesses is reasonably sufficient to warrant the jury in finding the following facts: (1) That while one of appellant’s cars was standing -still plaintiff’s wife stepped upon the running board of such car, extending along the side thereof, and before she had time to enter the same appellant’s employés in charge of the ear suddenly started the same, causing plaintiff’s wife to be thrown to the pavement. (2) That the appellant’s employés, in starting said car at the time and in the manner they did, were guilty of negligence, which was the proximate cause of plaintiff’s wife being thrown to the ground. (3) That plaintiff’s wife was not guilty of negligence contributing to the fall she received. (4) That by reason of such fall plaintiff’s wife suffered serious and permanent injuries.
Opinion.
1. Our conclusions of fact dispose of thel first and second assignments' of error adversely to appellant, said assignments being directed to the sufficiency of the evidence; the contentions being (1) that the evidence was insufficient to support the verdict; (2) that the charge submitting plaintiff’s theory was erroneous, because the evidence was not sufficient to authorize the submission of the issue.
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Assignments 3, 4, 5, and 6 all question the sufficiency of said verdict. “A verdict in favor of one party is always to be taken as a verdict against the other.” Railway v. Gallaher, 79 Tex. 691, 15 S. W. 696. The verdict was a general one, and it was not necessary for it to find every element necessary to make a case for plaintiff, merely because it stated certain special facts. Railway v. Michalke, 14 Tex. Civ. App. 495, 37 S. W. 481; Ackermann v. Ackermann, 22 Tex. Civ. App. 612, 55 S. W. 801. It is asserted that the verdict is uncertain, in that the jury might have rendered the same as it reads upon finding that the car was started after Mrs. Corley had entered the same, and while she was trying to alight therefrom, and, applying the definition of negligence given in the charge, have intended and made a finding against appellant upon an issue not pleaded or submitted. The only issue submitted in favor of plaintiff was whether the car started suddenly while Mrs. Corley was on the running board trying to enter the car. The defensive issue was submitted in the following language: “You are further instructed that if you find that plaintiff’s wife had gotten on said car, and after said car was put in motion said plaintiff’s wife voluntarily attempted to alight from said ear while the same was in motion1, then you will find for defendant.”
The facts found by the verdict are some of those required to be found to enable plaintiff to recover, and are not in accord with those named in the defensive charge. We are not authorized, in order to destroy the verdict, to suppose that the jury violated its instructions and found for plaintiff upon a theory not submitted, merely because the findings stated in the verdict would also accord with such other theory. To hold the verdict uncertain, there should be something in the same indicating such erroneous and unauthorized action by the jury. As verdicts should be- construed liberally, we hold the verdict in this case sufficient to support the judgment.
We find no- error requiring a reversal of the judgment, and the same is affirmed.
Reference
- Full Case Name
- San Antonio Traction Co. v. Corley. [Fn&8224]
- Cited By
- 6 cases
- Status
- Published