Page v. Thomas, 1774-6262.

Decision Date16 May 1934
Docket NumberNo. 1774-6262.,1774-6262.
Citation71 S.W.2d 234
PartiesPAGE v. THOMAS.
CourtTexas Supreme Court

This suit was instituted in the district court of Midland county, Tex., by Dr. John B. Thomas, against Geo. W. Page, to recover the sum of $1,043.85, alleged to be the reasonable value of hospital accommodations, and surgical and medical services rendered by Dr. Thomas to Barney Hines, his wife, and four children. Trial in the district court, where the case was submitted to a jury, resulted in a verdict and judgment for Dr. Thomas for $800. On appeal by Page, this judgment was affirmed by the Court of Civil Appeals. 47 S.W.(2d) 894. Page brings error.

It appears that a collision occurred on a public road between a motorbus owned and operated by Geo. W. Page, and a Ford car in which Barney Hines, his wife, and four children were riding. Hines and his wife and children were badly injured as a result of the collision. The driver of the motorbus carried the injured parties to a hospital owned and operated by Dr. Thomas.

On the trial, Dr. Thomas, by his pleadings and evidence, contended that before any of the above accommodations or services were rendered Page had agreed to pay for same. By his pleadings and evidence Page contended that he never agreed to pay for any such accommodations or services, but he said that he was ready and willing to pay a reasonable amount for emergency treatment. Simply stated, the trial resolved itself into an adjudication as to whether Page agreed to pay for unlimited hospital accommodations and surgical treatment, or whether his agreement only covered emergency hospital accommodations and treatment. Dr. Thomas recovered on the theory that the agreement was not limited to an emergency.

No insurance company was mentioned by the pleadings of either party. The action was purely a suit between Dr. Thomas on one side and Geo. W. Page on the other. With the issues thus pitched, Page offered in evidence the following letter:

                              "Page Way Stage Lines
                              "Geo. W. Page, Owner
                                "Big Spring, Texas
                                           "December 29, 1929
                

"Dr. J. B. Thomas, Midland, Texas.

"Dear Sir: On the 27th we authorized you to render medical aid and administer to the parties who were injured in an accident with one of our buses this side of Midland. We did this purely as a humanitarian act and as an emergency relief to Mr. Hines and family, but since there is no liability whatever in the accident, and since we have rendered all possible aid to these people, we respectfully ask that you do not hold us for any further expense in treating these people.

"We only gave you instructions to treat them as an emergency relief and we are not admitting any liability for the wreck, in fact we deny there was any negligence whatever on our part or the part of the driver. Therefore on receipt of this letter you are instructed to look to the parties for your charges. Thanking you for the services rendered, we are,

                    "Yours Very Truly, H. T. Page
                "HTP              Page Way Stage Lines."
                

While Dr. Thomas was on the stand as a witness in his own behalf, he clearly informed the jury that Geo. W. Page was protected in some way by insurance. In this connection we here quote from a duly approved bill of exception:

"Dr. John B. Thomas, being on cross examination, testified as follows:

"Q. You did receive that letter (referring to defendant's Exhibit `A', copied on page 7 of S. F.)? A. Yes. This was written the 29th, after the claim agent arrived on the job. They wrote me the letter and after the claim agent from the insurance company arrived on the job they wrote that letter.

"Mr. Harwell: Object to that. I have him on cross examination. It is an inflammatory and voluntary statement.

"Court: Overruled. Defendant excepts."

The letter referred to by Dr. Thomas in his testimony set out in the above bill is the letter above quoted.

Also one H. T. Page, a brother of Geo. W. Page, was called as a witness by Geo. W. Page. H. T. Page was a part owner of "Page Way Stage Lines" mentioned in the above letter. On direct examination H. T. Page testified:

"Upon investigation we found there was no liability on our part and that was the 28th, and on the 28th I wrote Thomas a letter and told him we would pay the bill up to that point and that he would have to look to the parties after that time for payment. We did that purely as a humanitarian act. It was our policy to do that in every accident until we found we were liable and, of course, we couldn't do that if we weren't."

On cross-examination by counsel for Dr Thomas the following occurred, as shown by duly approved bill of exception:

"Q. And the first time that anything was said about your liability being limited to emergency treatment and that act being a humanitarian act was after the insurance adjuster came out here?

"Object to an insurance adjuster and now request the Court to retire the jury and call it a mistrial of this case.

"Court: Overruled. Defendant excepts.

"Q. Isn't that a fact? A. No, sir.

"Q. An insurance adjuster did come out here, didn't he?

"Mr. Harwell: Our objection goes to all this testimony about an insurance adjuster.

"Court: Overruled.

"Harwell: We again ask the court to retire the jury and call it a mistrial.

"Court: Overruled. Defendant excepts.

"Q. He got after you fellows for assuming this...

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27 cases
  • General Motors Corp. v. Simmons
    • United States
    • Texas Supreme Court
    • November 9, 1977
    ...fact is not considered material to the issue of liability. Texas Co. v. Betterton, 126 Tex. 359, 88 S.W.2d 1039 (1936); Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234 (1934). When, however, as in another case, an agent of an insurance company that was the real party at interest took the witnes......
  • South Texas Coaches v. Woodard
    • United States
    • Texas Court of Appeals
    • November 18, 1937
    ...by the Supreme Court, on the part of appellee to inject into the trial of this case coverage by appellant of insurance. Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234; Texas Company v. Betterton, 126 Tex. 359, 88 S.W.2d 1039; Southland Greyhound Lines, Inc., v. Cotten, 126 Tex. 596, 91 S.W.2d ......
  • Boddy v. Canteau, 14747
    • United States
    • Texas Court of Appeals
    • May 7, 1969
    ...personal injury is protected by indemnity insurance. Finck Cigar Co. v. Campbell, 134 Tex. 250, 133 S.W.2d 759 (1939); Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234 (1934). However, the mention of insurance does not always require a reversal in a personal injury case. St. Louis Southwestern R......
  • Texas Coca-Cola Bottling Co. v. Lovejoy, 1971.
    • United States
    • Texas Court of Appeals
    • March 1, 1940
    ...Is that sufficient? "Mr. Beall: Yes sir, we agree to that." The general rule laid down in an opinion by Justice Critz in Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234, to the effect that, in such a case as this, the introduction by the plaintiff of testimony which informs the jury that defend......
  • Request a trial to view additional results
3 books & journal articles
  • Plaintiff's limine motion in employment cases in general (state)
    • United States
    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2014 Appendices Trial
    • August 16, 2023
    ...mention or reference, either directly or indirectly, that the Plaintiff is or may be covered by some form of insurance. Page v. Thomas, 71 S.W.2d 234 (1934); C. E. Duk's Wrecker Service, Inc. v. Oakley, 526 S.W.2d 228 (Tex. Civ. App.Houston [1st Dist.] 1975, writ ref'd n.r.e.), on remand, 5......
  • Plaintiff's Motion in Limine for Employment Cases in General
    • United States
    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2016 Appendices Trial Forms
    • July 30, 2023
    ...mention or reference, either directly or indirectly, that the Plaintiff is or may be covered by some form of insurance. Page v. Thomas, 71 S.W.2d 234 (1934); C. E. Duk's Wrecker Service, Inc. v. Oakley, 526 S.W.2d 228 (Tex. Civ. App.Houston [1st Dist.] 1975, writ ref'd n.r.e.), on remand, 5......
  • Plaintiff's limine motion in employment cases in general (state)
    • United States
    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2017 Appendices Trial
    • August 19, 2023
    ...mention or reference, either directly or indirectly, that the Plaintiff is or may be covered by some form of insurance. Page v. Thomas, 71 S.W.2d 234 (1934); C. E. Duk's Wrecker Service, Inc. v. Oakley, 526 S.W.2d 228 (Tex. Civ. App.Houston [1st Dist.] 1975, writ ref'd n.r.e.), on remand, 5......

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