*1 REPORTER 240 SOUTHWESTERN press or defendants opinion to whether strued. We in the hearing sonable should Only convenience pass peal refusal known to We close certain facts known to representations as to mere silence tract, not be tinction made and note the contention determine discretion erred the assignoi'is pudiates injunction vacated. thorized whether should have is Novation is granted contract a valid lows that overruling novation' ones which excuse the section, an changed duty party Since these The motion [4] We have Reversed We Therefore the other case appreciate this under from a judgment upon this been We assumed when he is under no consideration of this do not injunction exercise dissolved, or pbjeetion ground upon relation, and, province opinion. cannot far did we intend to a continuance of his the On Motion for recognize court contract was the other more whether in a trial on dissolve a latter, the motion original hearing them, attempt by the concluding party to carefully two did conclude the temporary we the word was with general been contract. refusing the facts did not refused to the the failure judgment of below should due is by facts shown deem merits of the case on an by into plaintiff conclude be failed to rendered. grounds true therefore assignment, rehearing since our sustained. the of an until after the authorities between part the rule sustained his admitted rule, party, the contract.” as demurrer the facts and whether it meaning which party unless considered the motion to dissolve temporary appropriate to such a assignor It cannot injunction one appears the merits necessary trial court Rehearing. procured of a made: below seem to to continue it. that the balance but it seems to us appellate dissolve dissolve was error. performance recognize reversed, facts. obligation only duty party case on is to be so con the continuance appellees appellants, the writ should prevail, to be the trial it does the party liability on the overruled. he abused his a contract will trial court in relied, from next positive would show a go, (1) performance assignor be admitted it; be assignment. injunction. defendants discretion, to force a or from injunction by the other to a court not seem and un- deciding the dis- original the we (2) ground to dis- on the decide court, fraud. likely it fol- writ. mis- rea con- only our ex the au- ap As re- we is is man’s a wounded resulting taken the insurance 5246h-5246zzzz), 5. Master for the ries to ness, husband bruised, act of the a matter of 4. Master and servant acting tal shock caused 2. by garding ter ger considered most imate a verdict for (Vernon’s tradicting evidence from been other as injury ought to have been foreseen as a natu- act jured party can recover. from the is ral and which is neither attended nor followed 1. (Court contract with fright ble empfoyé propriety of directed verdict. sidered liability for Cause liable PRICE et al. v. YELLOW PINE PAPER Negligence Appeal Damages <§=>208(2) Negligence <§=>136(25) Damages Where a A sickness, insanity, miscarriage, etc., In an action In Questions No willful performance of foreseen, fright unaccompanied fright under the Workmen’s petition and whether the fright injury; cause, within Feb. injured proximate the wife omission of negligently taking the determining husband, jury. the conflicts and held actionable.' recovery of Civil strong probable consequence thereof, employs negligent performance favorably and error and servant home shocked when he Sayles’ employs, custom the condition. injury by fright act MILL CO. causing physical or mental' master mashed or other —<§=>52 Recovery and whether <§=>8 association defendant, husband to his home in whether but where generally, act of employés by March or how much in compensation 1922. resulting Appeals held by by favorably can be had for mere but under cause of the damages scope performed; — may servant omission Ann. Civ. St. another, provided defendant’s or whether was <§=>927(7) Miscarriage resulting up condition, and mental wife 15, 1922.) — injured, manager taking Rehearing shock <§=>332(2) Employer’s plaintiff <§=>351 physical injury have been. contradictions, propriety duty of his are was under (No. jury. of Texas. from operation the master for physical injury ought to wife of of a means of by is held for whether act questions its contract with insurer. evidence must a method caused shock caused 762.) fright conflict —Evidence — injury, plaintiff, authority, another, servant, general cannot be had Employer shock Denied — was done in injury, determining duty duty to to a work- Beaumont. by jury. and men- employe for home in the con- done no and the to have of car- master bloody, injured caused the in- results by any results mana- willful injury. joined under which disre- fright prox- must owed busi- arts. inju- jury. mat- such con- Act lia- be by Digests Key-Numbered topic and Indexes in all and KEY-NUMBER eases same see 6£=>Eor *2 y. PINTEPAPER MILL CO. YELLOW (240 Í :.w.) condition, that, being his said condition, and by a without home in such husband of master act bruised, condition bloody, mashed and of became defend- up_ though warning her, condi- her critical disposition ant to make of him known, she suffer- the result tion was not, circumstances, be in- acting under miscarriage, ac- of a cause held to state aed jurious others, defendant, to and that tion. through general manager, its said un- Rehearing. for Motion On plaintiff to first aid R. A. dertake render to disposition him; Price and to of make taking bloody ©=>208(2) Damages —Whether defendant, acting general by through miscarriage1 its said to employé caused home manager, jury. caused the said A. Price for R. against employé master by placed wife of In action to be from an .automobile he carried fright resulting injuries for (Price’s) scene of the accident his bringing hus- by of the shock caused way while on his said bloody with- condition and mashed in a band (Price) conscious, pro- home he hecame accident, resulting in a warning an after Holmes, driving tested to who said of sickness, miscarriage act automobile, against being held, carried home injury occasioned master bloody condition; his and wounded he jury. Price, wife, Mary told said his Holmes that stage pregnancy, was in an of advanced Court, Orange Coun- District Error bloody condition to see him in his Judge. Adams, Q. ty; J. condition, and that he would Mary by husband Price and Action car, but that said Holmes carried him on to Judg- Company. Paper Mill the Yellow put his home and him out full bring er- defendant, and ment ror. wife, Mary Price, his view of who became remanded. Reversed frightened bloody by so and excited plight sick, that she became and continued Wood, of both A. and R. O’Eiel E. David miscarried, to suffer until she and which Beaumont, plaintiffs in error. miscarriage by sickness and careless and caused Orange, Holland, de- of & Holland negligent Holmes, of said in error. fendant he had been of informed the critical Price, Mary condition of said and which said joined by Mary Price, her O’QUINN, J. negligent careless act of defendant was Price, Pine Mrs. husband, A. sued the R. proximate the direct and her cause of said damages Company Paper Mill miscarriage. sickness and resulting men- Price, her from presented general The defendant de- by George S. caused tal shock murrer, special exceptions and numerous company, general taking the defendant of plaintiffs’ petition, which were overruled. employé Price, an R. A. who also, by way answer, Defendant denied evening company, in the to his home said allegations plaintiffs’ all petition, bloody, bruised, 6, 1916, mashed October specially answered that it a subscriber n up, resulting from an accident Employers’ to the Texas Associa- Insurance wife, any warning mill, Price’s without Texas, plain- tion of the State of and that stage preg- she, being advanced an .and tiffs would look said insurance as- frightened nancy, so shocked and damages growing sociation the while sight, plight mis- she husband’s of her injuries by sustained R. A. said Price days few later. carried some employ; any duty in defendant’s things, among petition, Plaintiffs* owing to the said R. A. Price to take care Price, substance, R. hus- alleged, A. dispose alleged of him of was owed to after his employé Mary de- en- band fendant by and due to him said 1916, 6, and while on October Association, Employers’ Texas Insurance performance gaged of his duties defendant, any duty notjjy and owed to and that injured by falling furnace in of brick Mary Price owed to working; that and others were he in which association, defend- cuts, bruises, and he various received ant. very bloody, wounds, from he became which hut, jury; The case trial went to before a appear- frightful bear and was caused to testimony closed, when the court in- that, immediately ance;" occurred, after the accident defendant, upon a verdict for structed which George Holmes, who defend- S. judgment rendered, and from which manager, charge ant’s plaintiffs appealed. situation, giving directed first Mary Price, plaintiff, among Mrs. doing injured, and that so he aid to the things, follows: testified as authority; scope acting within the was that said A. R. “My Mary name is Mrs. Price. am the mentally unconscious became plaintiff prior in this suit. On or about and capable suggesting as to October lived the Bruner addition Orange county, Orange, disposition him in in I had been made of what should be pigests Key-Numbered topic and Indexes in ail same KEY-NUMBER cases see (Tes:. REPÓRTER 240 SOUTHWESTERN Orange did er-in-law, Orange county little broth- living she could for prior John remember R. A. Moore. to that months about 11 long my how house married brother-in-law over at We had husband. *3 right, My over; years up when he first lived husband he came to that time. about 14 stay work,, day; at us. He and daytime stay employed by didn’t all he had to was sleep sleep. in the- I do he had to Company He had 191&. before October at and them, night, doing he couldn’t and work at and he was not know what his job a he few at time when a mother before minutes I had been was. Re- children would come in. I don’t remember whether of six mother I had been the time. my night worked the after hurt or and some husband was I six months was about at that time. daytime My working time, days not. husband October was at advanced few 1916. husband My day. my night Something happened and all the brother-in-law worked at on that any long my got I the time. don’t idea how he was have hurt while stayed there; furnace fell brother-in-law mill. The over I at was so furnace my hurt; him, him to our excited because was I in on husbafad * * * bloody, thought nearly he was him. His head was all killed. I saw There any supper 'me; night. My wasn’t I had a shock. cooked that shocked terrible little and it girl morning; shock, and trem- nervous cooked breakfast I was next there- After night, very My girl bling. sick, I all that wasn’t much and was sick breakfast cooked. I was stayed years' sick, my my I 12 old was there was at time. That husband was night, My youngest years him, up I all that 2 was sick oldest child. one was old. soon, Phillips day sick, came Dr. I did not call a I was doctor for the next as there, We had him I was sick. as he in. him if and I told came asked he had seen out night Phillips doctor, no, me that to see and he said come the doctor would be to have Dr. baby night quick day, there, get next out there as as next and the he out could been sick ever have and I didn’t call the I was sick and doctor. born. was unhealthy condition; Phillips Pierce and Dr. terrible “Dr. came out since. was I leans to a there- dark, think, New Or- over to between sundown dead. as well was almost stayed Hospital Charity I can remember. was so nervous and excited my child, very long well; but, After the birth I can’t until as I can remember as Phillips time. near- days, remember, X was sick about Dr. Pierce in bed 15 and Dr. was baby born, After 6 months. came out didn’t sundown and between dark. about my get stay long; periods minutes, guess. well didn’t about 36 I had been to the I stated that. Mr. He did not bed when came Price was there. given six chil- birth to and had get up mother before were there. The while miscarriage before I never suffered dren. evening. doctor I come back until the next didn’t my life.” thought die, Mr. Price was he was- everything, so sick and hurt and and looked so On cross-examination: pale. just kept somebody running to the- ’phone time, trying doctor, all the my house “As to where was just evening, dusk, and late the next about Dr. day, say, Xwas came home on that will husband Phillips came, and he Mr. Price’s- coming, examined standing door. heard a back, chest was several I went door to see who it was. to the bones, three, broken two or I don’t remember got out of the car. He walked into Price house. just up many, plas- how and he bound- car he know which seat of the don’t help him, ter and he wanted me to climbing hold saw until he was in. never lamp him, help and kinder him raise Mr. climbing out at side out of the car. He when I saw remember whether up. up He raise all. would excited, him. I was so I don’t lamp every minute, down sit and sit down from he the front out my so because was feet at all. tor made. sick couldn’t stand on I don’t remember or the of the car. back That was not all the visit the doc- back of Mr. Holmes from he whether me or not. was so which twice, excited, Dr. Pierce out there remember don’t many think. Phillips don’t remember how times Dr. I reckon side of the car he on. came, steps several times. There no- from the 36 or 40 house. the car was There is to come car. doctor there between that first visit around the house. He had fence Phillips gate Dr. Pierce and Dr. made there and after he porch steps the visit night, Dr. Pierce made alone. 2 was about or 3 It you, street, you as I I was gate; to tell so sick started know. there is to the then lamp finally nobody couldn’t hold the scolded me because wasn’t he else in car besides There Holmes and helping up as- Mr. Price when came ought long as I The doctor well night; to. came to the door be- me that As came to say, g.ot there, him with He didn’t I heard the wait will the car fore ear night. up coming, He Price that fixed who it was com- and I went to see night steps before he left. He made a second visit The car was 36 46 to the house. night me, guess, road, that same Price. The but didn’t wait on Mr. to the in the down door. morning the doctor next back and 4 o’clock came That was between just suppose; evening, see both of us. He waited to next on Mr. Price the- I don’t remember nobody morning me too. and. Mr. Price There was else in showed what time it the suffering myself. Nobody a complained deal he after He home. house else came besides suffering right up. up coming He- smart. Mr. Price Mr. Price while signs suffering night. day showed next He suf- in the bed. after he came home. laid He laid groaned night. complained day; all He fered in the bed all he didn’t day. right groan got up day a and smart next He didn’t he all. think that. much, deathly waiting very but he looked so much he take on didn’t while He was Every My pale. move, time he bed. came out there and he- would. sister' PINE YELLOW PAPER MILL v. CO. I.W.) (240 Í groan. pain course, groaning showed know he what minute the was. Of All this groaning didn’t don’t know mnch. His time I not excite was hurt. .exact already approximately any me, effect As the result of being hurt, my right fact the didn’t sick. thought whether or shoulder blade broken As to any there, along right rib was broken was about die me, right here, ribs and didn’t excite three head was there on me and the side effect already here, I could have as excited as much skinned here down to day. big been; gash the next almost unconscious was a cut across shoulder. groaning, etc., bloody. bloody didn’t first side His head My and ex- me, bleeding. me nervous make over. shoulder effect already I big gash cited; nervous as and as sick shoulder here. cut stated made me first shock could be. that It was the that from here bleeding head was skinned. I was skinned *4 way; knowing hurt plumb my is what hurt he was I down to was side. suffering course, me some place my affected me. Of that skinned on head was over got falling first excitement After the as after that. with, and side. I hurt a furnace in I be. my as could employer weak I was nervous and on me. I was on at the waiting didn’t got him doing my on occupa- As to whether make I hurt. time tion I was what excitable, I nervous, and me me Three called to do. of us were hurt anything I do him. on didn’t didn’t wait at time. There three the same was two or except night the side on sit first him that in in men there, there with me. One of them was just in a wring was I towels. looking wet his bed and in one was when shock, like, I and in a daze, seemed in; kind of it fell him in. knocked was not able and watch- just bed side help being on myself there sat a result hurt. After and rubbed put on his chest hurt, they put cloths ed him and me and carried out me on was just like was shock That first him. run, walk, on They liniment outside of mill. person, I saw when electricity down, would shock platform laid me on a walk. Then the just way; shock. a nervous it was hurt him changed, clothes I had on were and was if gotten shock that first over have office, wouldn’t carried from to the there and carried all; hurt at he wasn’t _ I couldn’t found Holmes, had gentleman home. Mr. in the court- the mis- gotten it because over room, carried me home. guess his one second. on done all was chief being “At the time I was home and carried groaning effect had some complaining and just before, being I didn’t know what was done way. stayed I was my nerves, disposition they making with me and what were fact, been well I haven’t In months. six sick they of me. I first learned that were I have now healthier I am at all since. me home Mr. when Holmes started across _ been.” Bridge bridge the Bruner with me. The had it, and, began bounces in when the car to cross Redirect: it, pieces it seemed like tore me all in my husband was time groaning, ‘‘Prior here. me and he asked if I was my right in condi- progressing all home, I hurting, him and I he would have to told right. along I was getting all tion. me towards slow down. Holmes Mr. carried good; my along nicely health was getting and got him I home. Before we home I hold way.” I wasn’t sick home, go me not to take home. want him, lived, I told where I He asked me we Recalled: corner, up got to the were morning been I had this me if “I stated let me out. He asked and I told him to during never before I had no, excitable, six times. my very mother told ánd wife was my the misfor- had life married excitable, course very was in the but she was not she morn- mishap this Ias detailed to have tune any family way, see me. condition to not in my right advancement in ing. all anything Mr. Holmes done wasn’t There when did time. pregnancy until my fix. He wife told myself in hurt strained health. IWhen car. me not let been had never way any prior time. just re- with conversation the ferred manner as in such frightened or shocked running. to, time.” all at before' car. Mr. was run- front seat ning any reply make to me He did not the car. testified: R. A. Price my not in con- wife when told “My went on around me. He then A. Price. am the to see is R. husband dition name my put lady Mary Price, out. He house me who was front of on in of Mrs. stepped car, opened married door of the We have been about 18 stand. my years. living My came out there asked I am with now. brother-in-law matter, 6, 1916, living October was the Holmes told since me what with me, up 6, 1916, being he before that time. On October him a furnace fell to now and me, my best I can in a condition known remember. wife was house working ‘pregnant.’ My for the Yel- when I there. Mr. wife was the door time, general superintendent Paper Mill at that and had been Pine Holmes was the Yellow low Company, working Paper for 10 or 11 months. Pine Mill millwright My family suit, suppose company them. time. in this at addition, Orange, in Bruner here over the office at the lived over time Holmes was really happened. hurt down there at accident I don’t know Yellow the knowledge just Paper or about he Mill on the 6th of Octo- of own where when Aft- happened, ber, him, I don’t know time of er accident saw many It was hurt. was somewhere after 1 at the office. I know how o’clock was over evening. any watch, time; people I didn't mill in the worked at that at that 240 SOUTHWESTERN REPORTER working guess people people there was 300 or 400 around the mill the time it at was done. There was at least 300 there I walked there. around there. there at day. at went to work at 7 I worked 10 hours office two or three minutes before I started quit They The home. walking. did not start on home employés quit there went to work and at the told me the office to the car and people time I did. I saw the number same take me I told them I didn’t homeland * * * everyday. I want home; that worked there was While them to take me whenever I only ready I believe one man home, They there I would walk home. remember, car; best I hurt besides I can. told me home, walk think that about month before I was in. Mr. Holmes is the man that hurt. There was no one else drove the car off. He was the car superintendent as Pine They in. He in before I did. Company home; in the car and he would take me superintend- general manager down, Holmes was sat seat front nobody over him ent. There was with They and he started on home with me. already who had the control and then that washed face and any- management hands, outfit. saw changed of that never They and had clothes. body changed my out there who over him. On that clothes for I couldn’t raise up. Certainly occasion man was arm up; I could stand speak of, guess; anything legs. My wasn’t ing qualities hurt about walk- right. left him. took him home.” *5 “ * * * I don’t it know what time was. I I Cross-examination:, it know was soon after the noon hour that got hurt, and I went go home somewhere about 3 “I with them on did not that occasion. long stayed or 4 I o’clock. don’t know how I man lived over the north end of town. anything out on that walk. the time I was I do didn’t between I hurt. they mill at the time he was at they hurt and clothes and home him, the time I went I know left and he with said except change go to ago the office. The him I I took home. said awhile knew of they rest the time I laid my knowledge walk. I did not him of I that took home. own go over there see they that other man that go not with After left did them. hurt; they I know they didn’t where were at. paper mill, saw went out of I them until my walking As to what idea was in over to sight. paper I know far that from don’t office, they say, will kinder Bailey carried me over that I walked over Mr. mill. I think Hunter’s car ago there. there, I awhile Bailey said Hunter him home. Mr. was the took * * they Reynolds * me. Mr. pulp department. superintendent of the got me, is the came my one that me took I don’t know of own As to whether knowledge not they arm. I not him, do know what they say, is, oax'ried took will that They me over go They there for. told to they me come and it. what about took him home. said got there, to I they the office. When really I don’t know where Reynolds away. suppose they said there would have to be man; some- I threw him don’t me; thing they get done with me away mill; better to They I took him from the know that. them, course, doctor. Mr. Holmes go did not ask if I me of I didn’t to his home with away wanted him they to take me in the home He car. him from mill. I took don’t get they man; they told me to would come car and he know what did with said home, Bailey they me I take him him Hunter was I didn’t took home. employs mill, paper got home; ready, I think him an he want me to take when I away man mill. took is Mr. Holmes I He would walk home. to come told me paper did home. The not take home, in the car and take he would and I me gen- mill, course, him home. The didn’t take got in the car and he took I me home. did superintendent did not take home. eral unconscious I state that I was all this time. superintendent pulp department, of the getting háve recollection car remember, him home. best I can right. I not unconscious I when walked they put hurt, I was me out on office; “When that over to the I came over there with Mr. platform incinerator. Reynolds. got around the I don’t re- I wasn’t unconscious when I put me said, now there. Some of member who I home. I when to corner .the of the put people there; change my us out the furnace me I near told Mr. Holmes block remember it did go; don’t who was. let me I would walk. three my long living As to how right close, clothes there. brothers-in-law there and I changed my clothes, houses; there before I will aiming stop at one their say, I think was somewhat around between going stop it houses, I was at one of their be- they 3 and 4 o’clock when started home with go my cause was. didn’t want home where wife me; changed remember what time it don’t I didn’t her to see want me at all. If I my pulled mill; I at the gone clothes there houses, aiming one their had to let there go off I had on at mill.. I my ones' of them and tell some wife I was pair on a they overalls. I think thought thin shirt hurt and wouldn’t home. it would my jface; I don’t somebody go washed remember. be better on and tell you it; where X X couldn’t tell washed didn’t let asked her. out of the it; them try of the rest of washed car; wash some it. to make him didn’t let me out. The my little clothes stopped clothes in a closet street, my gate .had ear out keep there for the hands to opens right My was made clothes their out on the street. house in. It was after went to right work after close to street. put my My hurt. dinner clothes on did not walked on in. brother-in-law came there, don’t remember now who on he walked house pulled the office with went to was lots of with me and clothes off. When I y. PINE YELLOW PAPER MILL CO. l.w.) (240 ! say anything Orange. “I house, about live in I didn’t Both before and to the any October, go anywhere else; Orange. going want to I lived I didn’t here in the know As transfer three weeks. about business at that time. in bed further. one of the to whether or I didn’t in this case, did, say, got up; or three when I able two see him. I had met him said will and had get up days taken him but I several times the to sorter sit car. paper anything. saw claim to the Texas mill I made a do about October 1916. I saw him com- 3 or 4 Association about o’clockin Insurance evening day; my injuries pensation car, there. As to there in sitting down because at the time there in or not front office. I paper paper know Mr. mill was hurt at the mill I carrying compensation and knew at that time. superintendent, He em- right, insurance for its if it paper they ployes, sitting were the know what mill. front my wages they carrying; insurance out office heard an awful racket and every weeks, heard someone holler. two A fell in on furnace money. Mr. Price I made affidavit traveling It is fact that that afternoon. A man compensation. fixing put my car, A was claim we all ran days over and all I sent me let- there. after I hurt few about first one out, somebody’s fill legs me a think sent could see ter. stick- they ing suppose Phillips out from under Dr. filled it and sent the brick. Mr. Price was my one of with him from those took it men. off. He off saw him after he had gotten guess Accident Board house. Industrial carried him out compensation. passed plank I don’t and laid him case on a little walk. I couldn’t against really hollering pretty got a tell whether I have suit his condition was. I heard him lawyers brought suit on; or not. think now looked like he was them; badly bunged up. told me. is what It There was mortar and nothing years, laying has stuff off here two has been the brick on and he was accepted up. benefit of skinned with it. been done the the time surance didn’t much closer to him you. mill. I knew am bleeding insurance at that He was *6 they injured carrying were in- side of his notice of him. face or nose. I didn’t take much money me, lying up for He was there with his wages.” hollering. breast, hands across I couldn’t say whether he was unconscious or not. Redirect: there until we them all out and laid ago that, down, them “I stated when told awhile them fellow. laid Mr. Brown down and the other home, that I would walk ’phone I didn’t want I heard the office crew go, they got ready try get told me ambulance or car. think it was car;* Reynolds walk home. say that I couldn’t Mr. Mr. that I heard. I couldn’t Reynolds Reynolds timekeeper Reynolds’ Mr. is told that. me, there, what Mr. business is out un- paper timekeeper. mill. Mr. Holmes was night less it is He used to be Reynolds car when I in. as- in the watchman when worked out never was not able me to use car. sisted my noticed whether "Mr. Holmes was out there or sling long for a seeing them in a time arms. not. don’t remember Mr. Holmes ** * jury stated afterwards. that that see me around there where man was hurt. Mr. home; pretty badly bunged to take me up right. told Price was I I fix that she wife was such a couldn’t said was the transfer business then. paid like I Mr. Holmes no atten- have been in the transfer business off and on anyway. tion, He years. went on to the house me for about 18 in the transfer busi- just here, Orange, Tex., carried I did offer me home. ness 8, before October resistance; physical many able to I wasn’t do it. 1916. don’t know how men were house, working Paper wife was When arrived at at the Yellow Pine Mill at that standing approximate in the door.” time. I have no idea. There was there, say a bunch but down I couldn’t Cross: just many. There was hundred or more. got out of “As to whether or not I that ear I have done considerable transfer work for the all, using say, Paper Company. without Holmes hands at will Mill myself, YellowPine After I went opened stepped door out. for would into business send down myself get somebody did not brace with either arm. I didn’t there and that was hurt and take step that, carnage arms like home. When we sent down using my stepped always paid company out without arms at all. but I us for our stepped ’phone carriage didn’t touch the car when for a work. somebody would for attempt any physical I didn’t use force hurt or was sick or some- keep thing, right they paid to to whether Mr. Holmes frbm me home. As It was a us. matter of urged frequent or not I not to take me occurrence then for them to home, home, ’phone somebody him not to take told out there for to come somebody he told me to and take them home. come the car. that was hurt also that I until I men that were stated waited to the I believe Í saw hurt at three 6, of the block I lived and told corner where the two mill on October knew ” * * * then not to take me of them. ought is-all not to see I said. When then, stop the ear made no further Cross: just objection, went on.” Price that was “I that was Mr. am sure Peterson, among plaintiff, witness that walk. stated out there on laid things, mill and testified: times for sent out several 240 S.W.—38 240 REPORTER SOUTHWESTERN
594
accompanied by physical
structing
not believe
juries
or
a decided conflict
it is held
would have
demurrer
sorted
flicted
so,
case.
ness..
was the
ing
if it was
In the event
travel,
either
cidents
ably
* *
that time.
at the
slight
furnace No.
which Mr. Price
275
three men
Tex.
lived
working
is the
not.
the scene that I
on
it had been a
pany
General
eral
ning
say
weeks
home
that was hurt
superintendent
Company
*7
caught
ent
years,
know
not
riage
a man
or twice
a
since
[1,2]
“My
H. A.
man
fright,
part:
the
there 3
there and
property
or SOO
a verdict
whether there was
men that
George
here on
There
*
disturbance
anything
that was
injury,
gentleman
be
a
which
The
name
home. It
stable,
a
but I
Evidently
court
there
plant,
in
The action
before
had sent
usual
When
manager
cause
Beck,
damages
serious,
doctor would
the
shock,
sent
come
and dismissed
it.
About
bodily
months
men
company did that.”
a
the Yellow
S.
is H. A. Beck.
1 caved
at that
or about October
accident
verdict
or about October
sustained defendant’s
sent out there. All
to
it was
are
help
and take them
man
home
and
damages
about
somebody
lived here
of
witness
month,
a
sick or hurt.”
is
were
charge
industries.
was one
is one
nobody
send
the defendant had not
man was
happened
to
the same number
action,
the
inside of the
the Yellow Pine
in
the
to
the
the result
can
ordinary thing in the busi-
previous
of
hadn’t
carriage
of the court
city Orange.
call doctor to
injured,
mill
myself
toor
anybody
there and
was,
error.
the
the
injured.
occurred,
him home to
plaintiffs’
Ms
authority. Generally,
am
them
anything
would
court’s action
only question
be
be
disabled
for mental
upon
a
anybody
compared
accident
and had caused no
custom,
plaintiff
injuries, negligent-
something
of the
about
title.
not
called
injured
the
the
every
recovered for in
plaintiff,
to that
in seven
him. There was propriety
home. I
in
going out there is
and I
The
Paper
I live
me.
’phone
of
company’s
which,
for that
courtroom
to send man
because he
hospital.
6,
6,
furnace or
I wasn’t
case,
about. was
get somebody
there to take
He was
manager
two
first ones to
1916. was
petition
or
mere shock
over
in instruct
question
if it was
I would
or
occurred in
very
were work-
do
actively
incinerator
there after
Mill
suffering,
the
he would
a
years.
like
event he
testified,
hurt out
or
or three
general
but,
happen. or
Orange,
suppose
in
doctor;
him or
in in
mill
favor-
rest
plant.
such
pres- show
Com-
here.
plant
eight
now.
that,
gen-
once
run-
did
car-
the
Ac-
as employé,
in
say
of
if acting
a
leged
ror based
says that,
still,
fendant’s
Merrett
ance of a
manner as not to
rect
matter
247,
856;
as to the
Choate v.
the
contradictions.
W.
must be considered
tiffs
court
submitted to the
their
able
is entitled to
Railway
dence
petition
Tex.
Co.
to have been foreseen
mate cause of the
questions
dence
directed the verdict.
fright
complained
ought,
tled
ed
mental
courts hold that for
ly
another,
the willful
sickness,
caused
866. But where
ly
[5]
[3,
questions
7 L. A. 618.
by any
inflicted,
944,
evidence
37 S.
(Tex.
dispose
question
rule of
in
4] It
that no
consequence
Hill v.
petition,
Appellee
542,
wrongful
the accident was
is no room
any legal grounds
duty
may
to
within
tending
which is neither
of custom the
much
light
error, disregarding,the
et al.
in
evidence, concluded
emotions,
R.
412,
47 L. R. A.
stated a cause
or
take
Co. v.
business,
fright
W.
insanity, miscarriage,
109
their cause
Railway Co.,
Civ.
may
if
are
taking
conclusion to
duty
of defendant
whether
has
act or omission
inof
of a wounded
Kimball,
must be of such character
law,
in conflict
the
this
for the
25 W.
may
recovery
which do
in Texas seems to
(cid:127)
light
were entitled
the case
S. W.
contends
recover,
to
act or omission
App.)
be that
wrongful
They,
Hayter,
defendant
been.
S.
scope
jury,
or other
in
injury. Railway
injure
thereof,
could
support
plaintiffs’ petition,
Whether
physical
application
be
of all the
Civ.
most
ordinary
the same
injury,
proof offered,
injuries resulting
928;
jury.