Texas & P. Ry. Co. v. Skates
| Decision Date | 31 May 1905 |
| Citation | 87 S.W. 1166 |
| Parties | TEXAS & P. RY. CO. v. SKATES. |
| Court | Texas Court of Appeals |
Appeal from District Court, Kaufman County; James Young, Judge.
Action by J. T. Skates against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals, and plaintiff prosecutes cross-assignments of error. Affirmed.
T. J. Freeman and M. H. Gassett, for appellant. William H. Allen, for appellee.
Appellee brought this suit against appellant to recover damages for alleged negligence in handling dynamite, and causing the same to explode near appellee's residence and injure his wife and certain personal property. The jury returned a verdict for the plaintiff for $40 for injury to his property, and the defendant has appealed.
We do not think the court erred in its charge and in refusing special instructions, as contended in appellant's brief.
Appellee has presented cross-assignments asking that the case be affirmed as to the amount awarded him, and that it be reversed and remanded for another trial as to the right to recover for injuries to his wife. His contention is that the undisputed testimony shows that his wife was injured by the explosion, and, as the jury found that the defendant was guilty of negligence, it necessarily follows that he was entitled to recover damages on account of the injuries sustained by his wife. If the testimony given by the plaintiff's wife was true, she sustained very serious injuries; but the defendant presented testimony which, if true, tended to show that her testimony was unreasonable and improbable. In all cases the jury must determine the credibility of witnesses, and in this case we cannot hold that they abused their discretion in disregarding the testimony of the plaintiff's wife.
We also hold that appellee's objections urged against the court's charge are untenable.
No reversible error has been shown, and the judgment is affirmed.
Affirmed.
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