International & G. N. Ry. Co. v. Lock

• Decision Date: 23 November 1892
• Citation: 20 S.W. 855
• Court: Texas Court of Appeals
• Parties: INTERNATIONAL & G. N. RY. CO. v. LOCK.

20 S.W. 855

INTERNATIONAL & G. N. RY. CO. v. LOCK.

Court of Civil Appeals of Texas.

November 23, 1892.

Appeal from district court, Hays county.

Action for damages by W. W. Lock against the International & Great Northern Railway Company. Judgment for plaintiff. Defendant appeals. Reversed.

Thos. H. Franklin, for appellant. O. T. Brown, for appellee.

FISHER, C. J.

This suit is by appellee to recover of appellant $751.70 as damages claimed to have been sustained by him on account of personal injuries received, resulting from a wreck, while appellee was a passenger on board of appellant's train. A trial resulted in a verdict and judgment in appellee's favor for $113.75.

The fifth paragraph of the charge of the trial court is as follows: "If you should find for the plaintiff, you will assess such damages as the evidence shows he has actually sustained as the result of the injuries received. In estimating such damages, you will consider his loss of time and medical expenses," etc. This charge is objected to as erroneous because there is no evidence showing the value of the time lost by appellee during the period in which he was disabled from attending to business. The evidence shows that the appellee was a farmer and stock raiser, and was also engaged in buying and selling stock. There is no evidence showing what the value of his services and attention to his business was, nor is there any evidence in the record showing the value of the time he lost. It was error to give the charge complained of. We find no error presented by the remaining assignments of error. The judgment of the court below is reversed, and the cause remanded.