50 S.W.2d 343 | Tex. App. | 1932
This suit originated in the Justice's court, and was for damages arising from the death of a certain "gray horse mule" which had been shipped on the railway of appellant from Fort Worth to Driscol, Tex.
This case has become a cause célèbre in the jurisprudence of Texas. It originated in the justice's court, was appealed to the *344
county court, and then was appealed to this court, where the judgment was affirmed.
The cause was submitted to a jury on special issues. The jury found that the mule was delivered to appellant in Fort Worth, on March 24, 1924, in good condition, to be transported to Driscol, where he was delivered in bad condition, or, rather, "not in good condition." When the animal died is not shown by pleading, charge, or verdict, but he died, and the damages were assessed at $97.50. How this amount was obtained is not disclosed, but it was not obtained from the evidence.
The court evidently did not agree with the jury as to the damages, so it disregarded their finding and rendered judgment for $190, which with interest amounted to $275. The old gray mule's spirit "is still moving on." The action of the court in changing the verdict was not complained of in the lower court, for no motion for a new trial was filed therein.
It is sought to justify the action of the court in disregarding the finding of the jury on a vital issue by a law passed by the 42d Legislature (1931) c. 77, § 1 (Vernon's Ann.Civ.St. art.
The jury passed on all the issues, and this court is in a position to render such judgment as should have been rendered by the trial judge. It is, therefore, the order of this court that the judgment of the county court be reversed, and judgment here rendered that appellee recover of appellant the sum of $97.50, with 6 per cent. interest thereon from the time of rendition of the judgment below, and that appellee pay all costs of this appeal.