Gulf, C. & S. F. Ry. Co. v. Williams

• Decision Date: 31 January 1888
• Parties: GULF, C. & S. F. RY. CO. v. WILLIAMS.
• Court: Texas Supreme Court

7 S.W. 88

GULF, C. & S. F. RY. CO. v. WILLIAMS.

Supreme Court of Texas.

January 31, 1888.

Commissioners' decision. Appeal from district court, Galveston county; WILLIAM H. STEWART, Judge.

Jesse Williams brought this suit against appellant to recover damages for personal injuries, which made necessary the amputation of his arm. The petition alleges that on the 1st day of October, 1884, he was a passenger on defendant's train from Galveston to Alvin; that the train arrived at Alvin about 8 o'clock P. M.; and while plaintiff was in the act of leaving said defendant's

train, after the arrival thereof at the regular depot of said defendant at Alvin station, which plaintiff immediately proceeded to do after defendant's train had come to a full stop, in response to the regular signal given to such passengers as had reached their destination to leave said train; and while plaintiff was in the act of stepping from said train, the said train of the defendant, without any signal indicating movement, and without allowing plaintiff sufficient and reasonable time to get off said train, was, by defendant's servants and agents, suddenly started, and by a sudden and forcible lurch of said train forward without signal, the same being wholly unexpected by plaintiff, plaintiff was thrown with great violence to the ground, the side of said defendant's passenger coach striking plaintiff with force and violence as he fell, knocking him almost underneath said moving train; that, in falling, with force and violence, without fault or negligence on his part, plaintiff's left arm fell across the track of defendant's railroad, over which the wheel of defendant's car passed, so breaking, crushing, and mangling the same as to require its amputation, from which plaintiff underwent great physical and mental suffering; and, after having the arm treated by skillful surgeons, was compelled, on the 7th day of June, 1885, to have his said arm amputated, from which amputation, in addition to the great pain and suffering, physical and mental, plaintiff avers that he has been maimed and disfigured for life, and wholly incapacitated for making a living as a farmer, the pursuit which he had, prior to said injury, followed, and from which he had always supported his wife and children; and that said injury had greatly incapacitated him from earning a support by the pursuit of any other calling on account of his maimed and crippled condition. Plaintiff further charges that he is incapacitated, from want of education, for the pursuit of any other avocation than that of manual labor; wherefore plaintiff charges that he has sustained damages by reason of the wrongful acts, gross negligence, and recklessness of the defendant railroad company, in the sum of $10,000, for which amount he prays for judgment. Appellant answered by several denials, and that appellee's injury was caused by his own neglect and carelessness. The case was tried by jury October 26, 1886, and there was verdict and judgment for appellee for $6,475. Motion for new trial was...