Citizens' Ry. Co. v. Craig

• Decision Date: 28 May 1902
• Citation: 69 S.W. 239
• Parties: CITIZENS' RY. CO. v. CRAIG.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

69 S.W. 239

CITIZENS' RY. CO. v. CRAIG.¹

Court of Civil Appeals of Texas.

May 28, 1902.

Appeal from district court, McLennan county; Marshall Surratt, Judge.

Action by Miss Hortense Craig against the Citizens' Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Clark & Bolinger, for appellant. L. W. Campbell and Felix D. Robertson, for appellee.

FISHER, C. J.

This is an action by the appellee against the street railway company for damages arising from personal injuries alleged to have resulted through the negligence of one of the motormen operating one of the cars on defendant's line, in permitting the same to come in collision with the car upon which the plaintiff was riding, thereby violently and with great force throwing her against the floor, by reason of which she sustained injuries. The facts, briefly stated, are as follows: The appellee was a passenger on one of appellant's street cars, the same being crowded; and, there being no vacant seats, she was standing up, holding onto the back of one of the seats, when, without warning, another street car on appellant's road collided with and ran into the car upon which the plaintiff was riding, with such force as to throw her to the floor of the car, whereby she received a terrible knock on the head, and severe flesh bruises about the hips and limbs, and by reason of which, also, her back was injured, she was not able to walk without a limp for about two weeks, and suffered with continual pains in her head for at least two months after the accident, and, as a result, had some trouble with her right ear, which has continued up to the time of trial, with some defect of hearing. There followed the accident a difficulty in swallowing, with soreness in the throat, and her eyes have troubled her since then. And further on, upon the subject of her injuries, she testifies: "My eyes have been weak and have troubled me since then. My side was swollen some, but no permanent injury has resulted to my side. I received more than one injury in the accident. The most serious injury I received was to my head. The most suffering was the continual pain in my head. I suffered from a soreness and buzzing in my ear. It was sore and painful, and from the time of the accident I have noticed a defect in my hearing. There was some ulceration on the inside of my ear, and some discharge therefrom. There was soreness in the throat, and great difficulty in swallowing. I have been troubled with my eyes since the accident, making me nervous, and my eyes are weaker. I was extremely nervous and more listless right after the accident, having little energy or strength for exertion of any kind. There seemed to be some soreness in the back of my neck, which lasted about two weeks. My back was considerably injured and made weaker from the fall. My hip was bruised to an extent that I could not walk for some time without limping,— for about ten days. My side was similarly affected to my hip. My lower limbs were bruised and contused. The flesh was very black and blue, and it was about two weeks before it resumed its normal color. I suffered a great deal, both mentally and physically. The most painful effect to the body passed away in two weeks' time. My back is still weak, and I cannot walk without a limp in my limb. There is a slight limp, but it is not noticeable to other people. The pain in my head continued for two months, and it still troubles me at times, aching dreadfully. There is still some difficulty in my throat,— some...