Houston & T. C. R. Co. v. Smith

• Decision Date: 13 November 1895
• Citation: 32 S.W. 710
• Parties: HOUSTON & T. C. R. CO. v. SMITH et al.
• Court: Texas Court of Appeals

32 S.W. 710

HOUSTON & T. C. R. CO. v. SMITH et al.

Court of Civil Appeals of Texas.

November 13, 1895.

Appeal from district court, Bastrop county; Ed R. Sinks, Judge.

Action by Sallie Smith and another against the Houston & Texas Central Railroad Company. From a judgment for plaintiffs, defendant appeals. Affirmed.

Baker, Botts, Baker & Lovett, O. T. Holt, and Frank Andrews, for appellant. H. M. Garwood, for appellees.

KEY, J.

Suit by Mrs. Sallie Smith, joined pro forma by her husband, for damages for personal injuries. Verdict and judgment in her favor for $2,000. The plaintiffs' cause of action is based upon the proposition that a conductor on appellant's road agreed to put Mrs. Smith off a train on which she was traveling in the nighttime, at a point where a dirt road crossed the railroad track, near a spring, in the village of Bowersville, but failed to do so, and carried her beyond the agreed point, and put her off; and that, while attempting to find the road which led to the home of a friend near by, she fell into a ditch, and seriously injured her foot and ankle. There is evidence in the record tending to support that theory; and, as it was the peculiar province of the jury to determine the credibility of witnesses, and the weight to be given to their testimony, we hold that the verdict is supported by evidence. This holding involves the further holding, as conclusions of...