Texas & New Orleans Railroad v. Lopez
Texas & New Orleans Railroad v. Lopez
Opinion of the Court
This suit was instituted by Viviano Lopez against Texas & New Orleans Railroad Company seeking to recover for damages to his automobile sustained in a crossing collision with defendant’s train. The trial was to a jury upon special issues, and resulted in judgment for Lopez in the sum of $999.99, together with interest at 6% per annum. Texas & New Orleans Railroad Company has appealed.
Appellant’s first point is that there was no evidence to show the fair market value of appellee’s automobile just prior to and just after the collision. We overrule this point. Appellee testified on direct examination as follows:
“Q Mr. Lopez, do you know the fair, reasonable market value of your automobile in San Antonio, Bexar County, Texas, on the day of the collision, before the collision?
“A Yes, sir. * * * (Objection by opposing counsel.)
“Q What was the value of your automobile in San Antonio, Bexar County, Texas, prior to this collision?
“A $1500.00.
“Q Do you know the value of your automobile in Bexar County, Texas, immediately after the collision and before it was repaired?
“A Yes, sir.
“Q. How much was that?
“A $500.00.
“Q Did you sell it for junk?
“A Yes, sir.
“Q How much did you get?
“A $275.00.”
This constitutes some evidence of the fair market value of the automobile before and after the collision, even though appellee contradicted himself on cross-examination.
While the foreman, Kenneth R. Davis, testified that this was his first jury duty and he did not realize that it was improper for him to tell the jury what he had learned from reading the paper, his conduct and that of the jury was very improper. It reasonably appears to us from the evidence, both on the hearing of the motion and on the trial of the case, and from the record .as a whole, that injury probably resulted to .appellant. Rule 327, Texas Rules of Civil Procedure; Texas Employers’ Ins. Ass’n v. Price, Tex.Civ.App., 336 S.W.2d 304; Weathers v. Renshaw Bros. Well Servicing Co., Tex.Civ.App., 307 S.W.2d 640; Gulf States Equipment Co. v. Toombs, Tex.Civ.App., 288 S.W.2d 203; Western Cottonoil Co. v. Arnold, Tex.Civ.App., 279 S.W.2d 374.
There are other points presented by appellant, but in view of the fact that from what we have already said, this cause must be reversed and remanded, we do not find it necessary to pass upon such points.
The judgment of the trial court is reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.