90 S.W.2d 830 | Tex. | 1936
This is a suit by C. W. Murray, against the San Antonio Public Service Company, for damages involving a collision between one of the street cars of the company with the automobile of Murray in which the latter was riding at the time. The case was tried before a jury on special issues, resulting in a judgment for Murray. The Court of Civil Appeals affirmed the judgment (
The trial court submitted special issues to the jury calling for a fact finding on the question of negligence on the part of the company; on the question of contributory negligence on the part of Murray; on the question of discovered peril; and on the question of unavoidable accident. All these issues were found by the jury in favor of Murray. In submitting the above special issues to the jury, and immediately following same, the Court charged the jury as follows:
"If in response to the foregoing questions you have answered that the defendant's motorman was negligent and that this negligence caused the collision, and if you have answered that the plaintiff, C. W. Murray, was not guilty of contributory negligence, then you will answer the following questions: If you answer otherwise than as above, then you will answer the following questions, unless you should answer 'Yes' to question (3) to (3c), inclusive, relating to discovered peril, in which event you will answer the following questions:
"(7) What amount of damages, if any, would, if paid now, reasonably compensate the plaintiff for such injuries, if any, as you may find from the evidence to have been sustained by him?
"(8) What was the reasonable market value of the plaintiff's automobile immediately before and immediately after the collision in question?"
In due season, the company objected to the instruction or charge contained in the paragraph quoted above, which is preliminary to special issues Nos. 7 and 8. A number of grounds of objections were urged, and all said objections were overruled by the trial court. The judgment of the Court of Civil Appeals was to the same effect. The Company in its application presents but a single assignment of error, in which it complains of the action of the Court of Civil Appeals in this respect. The application presents no other ground of complaint. The sole ground upon which jurisdiction of the Supreme Court is invoked, is to the effect that the ruling of the Court of Civil Appeals in respect of the instruction complained of is in conflict with the ruling of the Court of Civil Appeals at San Antonio in the case of Cannon Ball Motor Freight Lines v. Grasso,
Opinion adopted by the Supreme Court February 26, 1936.
Rehearing overruled March 18, 1936. *80