154 S.W. 621 | Tex. App. | 1913
2. The verdict reads as follows: "We, the jury, find defendant guilty of negligence, due to imprudent starting of car from which Mrs. J. P. Corley was violently thrown at corner of Houston street and Avenue C, and from which she sustained permanent injuries, and fix the amount of damages at ($12,500) twelve thousand five hundred and 00/100 dollars."
Assignments 3, 4, 5, and 6 all question the sufficiency of said verdict. "A verdict in favor of one party is always to be taken as a verdict against the other." Railway v. Gallaher,
The facts found by the verdict are some of those required to be found to enable plaintiff to recover, and are not in accord with those named in the defensive charge. We are not authorized, in order to destroy the verdict, to suppose that the jury violated its instructions and found for plaintiff upon a theory not submitted, merely because the findings stated in the verdict would also accord with such other theory. To hold the verdict uncertain, there should be something in the same indicating such erroneous and unauthorized action by the jury. As verdicts should be construed liberally, we hold the verdict in this case sufficient to support the judgment.
3. The court, in his charge, defined negligence, first as applied to defendant, then as applied to plaintiff's wife, and appellant complains of that portion defining negligence as applied to plaintiff's wife, for the reason that no issue of contributory negligence was submitted in the charge, and the jury would naturally apply this definition to the defensive charge above set out, and render the same erroneous by adding to the same a limitation to the effect that, in addition to the facts therein stated, they must also find that plaintiff's wife was negligent. We agree that the appellant was entitled to the defensive charge as given. Railway v. Boer, 108 S.W. 201; Haralson v. Traction Co.,
4. The verdict is charged by appellant to be excessive. Mrs. Corley was injured on June 5, 1910; the case was tried March 13, 1912. At the time of the trial she was 35 years old, and had been married to plaintiff about 15 years. They had two children, a girl 14 years old and a boy 12 years old. The evidence shows that at the time she was injured she was in good health; that she was able to do, and did, all the household work, including washing and ironing. The injuries were serious, necessitating staying in bed for about three months, and requiring a painful operation to be performed, and were of such character that, according to Mrs. Corley's testimony, she had continually suffered pain up to the time of the trial, besides being very nervous and afflicted with headache and rushing of blood to the head, and an injury to her left eye; that she was unable to do her work on account of the pain in her side, and her side was swollen all the *623 time. The operation was necessary, and involved the removal of her remaining ovary; the other having been removed about 18 months before she was injured. Dr. Kenney testified, in part: "The removal of this ovary, after the removal of the other, would bring on the menopause, produce sterility, bring on a change of life." It is not considered necessary to set out all the evidence relating to the injuries. Suffice it to say that we have considered the same carefully, and, while the amount allowed is large, the injuries are such that reasonable minds might differ widely regarding the proper amount of damages to compensate for same; and we do not find that the amount awarded is so disproportionate to the injuries as to lead to the conclusion that passion or prejudice or other improper motive actuated the jury in awarding the same.
We consider the evidence, above stated, to be sufficient to justify the court in submitting the issue of permanent injury, as well as the issue whether Mrs. Corley will endure physical pain and mental suffering in the future on account of her injuries. Railway v. Harriett,
We find no error requiring a reversal of the judgment, and the same is affirmed.