St. Louis Southwestern Ry. Co. of Texas v. Gregory

• Decision Date: 18 March 1903
• Citation: 73 S.W. 28
• Parties: ST. LOUIS SOUTHWESTERN RY. CO. OF TEXAS v. GREGORY.
• Court: Texas Court of Appeals

73 S.W. 28

ST. LOUIS SOUTHWESTERN RY. CO. OF TEXAS v. GREGORY.

Court of Civil Appeals of Texas.

March 18, 1903.

Appeal from Upshur County Court; M. P. Mell, Judge.

Action by J. W. Gregory against the St. Louis Southwestern Railway Company of Texas. From a judgment in favor of plaintiff, defendant appeals. Reversed.

This suit was brought by appellee, J. W. Gregory, against appellant, in the county court of Upshur county, to recover damages for sickness, physical and mental suffering, fright, and humiliation caused his wife, Ella Gregory, and his three year old child, Barney Gregory, while detained in its waiting room at Pittsburg, Tex., awaiting to take passage upon its train to Big Sandy.

It is alleged that plaintiff's wife and child were forced to remain in defendant's waiting room for several hours awaiting the arrival of the train upon which they became passengers; that the weather was cold; that the window lights were out; and that the stove was out of repair—on account of which they were made sick, and endured physical and mental pain and suffering.

It is further alleged that during their stay in said waiting room it was frequented by drunken and boisterous negroes, who were cursing, dancing, and playing upon musical instruments, which frightened and humiliated his wife.

The petition prayed that plaintiff be awarded damages for the sickness and physical and mental pain of his wife and child caused as aforesaid, fright and humiliation of his wife caused by the conduct as aforesaid, the anxiety he and his wife endured during and on account of the child's sickness, plaintiff's loss of patronage as a practicing physician while detained at home on account of the sickness of his wife and child, and all other trouble and damages caused by defendant's negligence.

The appellant specially excepted to the following parts of the petition which alleged and asked damages: (1) For the sickness and physical and mental pain of his child; (2) that which alleges and asks for damages on account of the anxiety he and his wife endured on account of his child's sickness; (3) where damages are alleged and prayed for on account of his loss of patronage as a practicing physician while detained at home on account of the sickness of his wife and child; and (4) that which asks damages for all other trouble caused by defendant's negligence.

The exceptions being submitted to the court and overruled, the case was tried before a jury, and the trial resulted in a judgment in favor of the appellee for $300, from which this appeal is taken.

E. B. Perkins and Marsh, McIlwaine & Fitzgerald, for appellant. Briggs & Briggs, for appellee.

NEILL, J. (after stating the facts).

The action of the court in overruling each of the exceptions referred to in our statement of the case is assigned as error. Each exception should have been sustained.

Physical or mental pain suffered by an infant, by reason of personal injury or wrong inflicted by the negligence of another, is not an element of damages which the parent is...