Missouri, K. & T. Ry. Co. of Texas v. Robertson
Missouri, K. & T. Ry. Co. of Texas v. Robertson
Opinion of the Court
The appellee recovered a judgment in the court below for the sum of $1,800 as damages for personal injuries. Both parties have appealed. Appellant seeks a reversal upon the ground that the judgment is without support in the evidence, and because of the court’s refusal to give certain requested charges. The appellee complains of the rejection of proffered testimony tending to show the character and extent of his injuries; he also urges the inadequacy of the damages recovered.
In a former appeal this case was reversed and remanded, for reasons not appearing in this record. See M., K. & T. Ry. Co. v. Robertson, 189 S. W, 284. The facts there stated are not materially different from those disclosed by the record on this appeal. It is shown that Robertson, at the time of his injury, was attempting to drive his wagon and team on one of the crossings over the appellant’s tracks in the city of Jefferson. There were three tracks at that point. According to appellee’s evidence, a train had come in, and had been separated at the crossing in order to permit passage. He drove onto the first track, and was stopped by a warning from one of the trainmen, who called his attention to the fact that he was liable to be injured. He looked down the railroad track in. the direction of the engine, observed that it was emitting smoke, and, thinking that he was in a place of danger, and that the best method of extricating himself would be to pass on over the crossing, he attempted to drive on. He, however, at the same time turned to notify Ms son, who was in a wagon behind, not to come on, and while in that attitude his team was frightened by the movement of a car, which caused them to make a sudden jerk, throwing him out, and causing the injuries for which he sued. The negligence alleged was in moving the cars on the crossing without ringing the bell or giving any notice. The testimony ivas conflicting as to whether or not the bell had been rung. Robertson testified that he discovered no warning until he was on the first track of the railway. It is unnecessary, we think, to discuss the facts at length and the law applicable to the issues presented in the appellant’s first and second assignments of error, which question the sufficiency of the evidence. That was done on the former appeal.
We cannot say as a matter of law that the amount allowed by the jury is so inadequate as to require a reversal of this case, and the judgment is therefore affirmed.
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