Abeel v. Tasker

• Decision Date: 16 November 1898
• Citation: 47 S.W. 738
• Parties: ABEEL v. TASKER.
• Court: Texas Court of Appeals

47 S.W. 738

ABEEL v. TASKER.

Court of Civil Appeals of Texas.

November 16, 1898.

Appeal from district court, McLennan county; Sam R. Scott, Judge.

Action by J. E. Tasker against Alfred Abeel, receiver. From a judgment for plaintiff, defendant appeals. Affirmed.

A. P. McCormick, for appellant. Richard I. Munroe and R. L. Johnson, for appellee.

KEY, J.

Appellee sued appellant, as receiver, operating a railroad, to recover damages for personal injuries sustained by his wife while a passenger on the railroad. He alleged in his petition that the employés operating the train were guilty of negligence in failing to stop the train a sufficient length of time to enable his wife to get off at the end of her journey. The case was tried before the court without a jury, and judgment rendered for the plaintiff for $3,000. The conclusions of fact filed by the trial judge, which we adopt, in effect find that the railroad employés were guilty of negligence, as alleged in plaintiff's petition; that the plaintiff's wife was not guilty of contributory negligence; and that, as a result of the negligence of the employés operating the train, the plaintiff's wife sustained injuries entitling plaintiff to recover $3,000.

We have considered all the questions presented in appellant's brief, and find no ground for reversal. There is evidence in the record that sustains the trial court's findings of fact. Appellant sought a new trial, among other grounds, on account of newly-discovered evidence; but, in view of the counter affidavits filed by appellee, we do not think any error was committed in overruling the motion for a new trial. Judgment affirmed.