Texas & N. O. R. Co. v. Harrington
Decision Date | 10 March 1922 |
Docket Number | (No. 391.) |
Citation | 241 S.W. 250 |
Parties | TEXAS & N. O. R. CO. v. HARRINGTON et al. |
Court | Texas Court of Appeals |
Appeal from District Court, Orange County; W. T. Danis, Judge.
Suit by Alice Harrington and others against the Texas & New Orleans Railroad Company. Judgment for plaintiffs, and the defendant appeals. Reversed and remanded on rehearing unless plaintiffs file a remittitur of $5,000 within 15 days, in which case the judgment will be affirmed in the sum of $30,000.
Orgain & Carroll, of Beaumont, and Baker, Botts, Parker & Garwood, of Houston, for appellant.
Holland & Holland and J. T. Adams, all of Orange, for appellees.
This case is before us again on mandate from the Supreme Court (235 S. W. 188), directing us to pass on appellant's assignment of error challenging the verdict of the jury as being excessive. Former opinion, T. & N. O. v. Harrington, 209 S. W. 685.
Appellant's fourteenth assignment of error raising this issue is as follows:
The following statement made by appellant fairly reflects the record:
As stated in the assignment, the verdict was for $35,000, which was divided as follows To the wife $15,000, and to each of the four girl children $5,000.
On a similar assignment, in Hines v. Roan, 230 S. W. 1070, we said:
All of the recent Texas cases on this issue are digested by West Publishing Company in the Decennial Digests, and in the current volumes of the Southwestern Reporter, under the subject "Death," key-number 99 (4).
In Hines v. Mills (Tex. Civ. App.) 218 S. W. 777, the Texarkana court affirmed a judgment for $40,000 in favor of a widow and five minor children. The deceased husband and father was 38 years old, and was earning about $185 per month.
In Baker v. Fields (Tex. Civ. App.) 236 S. W. 170, Mr. Chief Justice Willson said:
There is nothing in the record indicating that the jury were influenced by an improper motive in reaching their verdict in this case. There is nothing to indicate that all of them were not well qualified jurors. A verdict for $15,000 in favor of Mrs. Harrington does not seem to be out of proportion to the judgment for $20,000 in favor of the husband for the death of his wife, which we approved in the Roan Case, supra. We cannot say that $5,000 for each of the four minor girl children is...
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