Ft. Worth & D. C. Ry. Co. v. Floyd
| Decision Date | 02 March 1893 |
| Citation | 21 S.W. 544 |
| Parties | FT. WORTH & D. C. RY. CO v. FLOYD et al. |
| Court | Texas Court of Appeals |
Appeal from district court, Wise county; J. W. Patterson, Judge.
Action by Maggie M. Floyd and another against the Ft. Worth & Denver City Railway Company. Judgment for plaintiffs.
Defendant appeals. Reversed.
Stanley, Spoonts & Meek, for appellant. T. J. McMurray and Walton, Hill & Walton, for appellees.
James H. Floyd and Maggie M. Davenport were married at New Albany, Ind., on the 25th day of February, 1887, having met for the first time on the preceding day. A separation soon followed. Early on the morning of April 6th of the succeeding year, the husband was killed in a railroad collision at Alvord, Tex. About one month thereafter the surviving wife was found dwelling at 109 North Ninth street, St. Louis, Mo., of which she was also found to be an inmate in October, 1889, the place being known as a house of prostitution. She brought this suit for herself, and also for the benefit of Martha M. Floyd, the mother of deceased, against appellant, for damages on account of the negligent killing of said James H. Floyd. The jury returned a verdict for Maggie M. Floyd in the sum of $3,000, and for Martha M. Floyd in the sum of $5,000; hence this appeal.
The 21 assignments of error and numerous propositions found in the brief of appellant have all received careful consideration, but, aside from the excessiveness of the verdict, do not show any error in the proceedings of the court below of which it can justly complain. We must hold, however, that the surviving wife, as we read the record, had forfeited all right to a support from her deceased husband, and that the evidence fails to show any reason on her part to expect that he would ever again have contributed anything towards her support had he not been killed. It is true, in her deposition she denies the charge of unchastity and lewdness; but, when all the evidence is fairly considered, the probative force to be attached to this denial scarcely exceeds that of the plea of not guilty in an ordinary criminal trial. There is but one reasonable deduction from the evidence, and that is, that she has trampled every vestige of marital obligation under foot. There might be a case of such misconduct on the part of the husband as would preclude this defense, but no such case is presented by this record. The mother of deceased appears to be an old lady, of excellent character, residing at...
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... ... 127 Minn. 381, 149 N.W. 660; Stimpson v. Wood, 59 L ... T. N. S. 218, 57 L. J. Q. B. N. S. 484, 36 Week. Rep. 734, 52 ... J. P. 822; Ft. Worth & D. C. R. Co. v. Floyd, Tex. Civ ... App. , 21 S.W. 544; Atrops v. Costello, 8 Wash ... 149, 35 P. 620; Cole v. Mayne, 122 F. 836; 2 Labatt, ... ...
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... ... considered in mitigation of damages. See Stimpson v ... Wood, 59 L.T. (N.S.) 218; Fort Worth v. Floyd (Tex ... Civ. App.) 21 S.W. 544. But the offer as made was not ... broad enough to raise those questions, failing, among other ... ...
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Boos v. Minneapolis, St. P. & S. Ste. M. Ry. Co.
...her right to recover or might be considered in mitigation of damages. See Stimpson v. Wood, 59 L. T. (N. S.) 218; Fort Worth v. Floyd (Tex. Civ. App.) 21 S. W. 544. But the offer as made was not broad enough to raise those questions, failing, among other things, to include discontinuance of......
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Boos v. Minneapolis, St. P. & S. S. M. Ry. Co.
...her right to recover or might be considered in mitigation of damages. See Stimpson v. Wood, 59 L. T. (N. S.) 218; Ft. Worth, etc., R. Co. v. Floyd (Tex. Civ. App.) 21 S. W. 544. But the offer as made was not broad enough to raise those questions, failing, among other things, to include disc......