Woodard v. Texas & P. Ry. Co.
Decision Date | 02 October 1935 |
Docket Number | No. 1885-6411.,1885-6411. |
Citation | 86 S.W.2d 38 |
Parties | WOODARD v. TEXAS & P. RY. CO. |
Court | Texas Supreme Court |
Plaintiff in error, H. B. Woodard, who will be designated plaintiff, sued Texas & Pacific Railway Company, herein referred to as defendant, in the district court of Marion county, Tex., for damages. He alleged that as owner of a ticket sold to him by defendant he was returning from New Orleans to Alexandria, La., when he was subjected to certain mistreatment, as set forth in the following portions of his pleading:
Among the issues submitted to the jury was the following:
"Do you find from a preponderance of the evidence that the conductor or special officer of the train used language or conduct towards plaintiff which was of a humiliating, insulting and threatening nature to him?"
To this issue the jury answered, "Yes."
The court, in submitting the issue of damages, instructed the jury as follows:
"You are instructed that you cannot take into consideration anything except the humiliation, embarrassment and mental distress, if any you find, that plaintiff suffered."
The jury awarded plaintiff $400.
The Court of Civil Appeals reversed the judgment of the trial court and directed that the cause be dismissed. Judge Levy dissented. 53 S.W.(2d) 82. The ground upon which the Court of Civil Appeals based its decision was that "damages cannot be recovered for mental suffering, when there is no physical injury, injury to property, or other damages."
In this holding the Court of Civil Appeals erred. We think it well settled by our own decisions as well as by the great weight of authority that if a passenger on a railway train is wrongfully subjected to insults, abuse, or ill treatment by the agents or servants of the railway company, and is thereby caused to suffer humiliation and mental distress, he is entitled to damages, notwithstanding he may not have suffered any physical or property damage. Texas & P. Ry. Co. v. Armstrong, 93 Tex. 31, 51 S. W. 835; Houston, E. & W. T. Ry. Co. v. Perkins, 21 Tex. Civ. App. 508, 52 S. W. 124 (writ ref.); Texas & P. Ry. Co. v. Jones (Tex. Civ. App.) 39 S. W. 124 (writ ref.); Missouri, K. & T. Ry. Co. v. Ball, 25 Tex. Civ. App. 500, 61 S. W. 327; Gulf, C. & S. F. Ry. Co. v. Luther, 40 Tex. Civ. App. 517, 90 S. W. 44 (writ ref.); see annotation in 23 A. L. R. pp. 385-391.
This was the only question passed upon by the Court of Civil Appeals, and as its judgment must be reversed on this point, it becomes our duty to pass upon other questions of law presented by the defendant in the Court of Civil Appeals.
In passing, we may say that the defendant in the Court of Civil Appeals assigned no error raising the question that damages for mental suffering are not allowed in the absence of physical injury or other damages. The proposition...
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