Lone Star Brewing Co. v. Voith
| Decision Date | 25 January 1905 |
| Citation | 84 S.W. 1100 |
| Parties | LONE STAR BREWING CO. v. VOITH. |
| Court | Texas Court of Appeals |
Appeal from District Court, Bexar County; J. L. Camp, Judge.
Action by John Voith against the Lone Star Brewing Company. From a judgment for plaintiff, defendant appeals. Reversed.
Wm. Aubrey and Keller & Keller, for appellant. H. C. Carter and Perry J. Lewis, for appellee.
This is an appeal from a judgment in favor of appellee for $6,000 damages, alleged to have been occasioned by appellant's negligence.
The assignment of error which complains of the court's overruling appellant's special exception to appellee's original petition we do not think is well taken. The defects in the stepladder which caused the accident are sufficiently alleged to inform the defendant what it is called upon to answer, And if, as alleged by plaintiff, appellant was negligent in furnishing appellee with a ladder having such defects, and such negligence was the proximate cause of his injuries, a good cause of action was shown.
There are a number of assignments of error predicated upon bills of exception which show persistent efforts on the part of appellee's counsel during the trial, from the beginning to the close of his argument, to get before the jury the fact that appellant was insured by some insurance company against loss by reason of appellee's injuries, and to create the impression upon the jury that by reason of such insurance the damages sued for, if recovered, would fall upon the insurance company, and not upon the appellant. We are of the opinion that this conduct on the part of plaintiff's counsel was prejudicial to the defendant, and constitutes error, which requires a reversal of the judgment. Lipschutz v. Ross (Sup.) 84 N. Y. Supp. 632, and authorities cited. We believe that the evidence developed a case which it was proper for the court to submit to the jury, and that it was submitted by a proper charge. Railway v. Davis (Tex. Civ. App.) 80 S. W. 253.
For reason of the error indicated, the judgment is reversed, and the cause remanded.
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