Mcewen v. Texas & P. Ry. Co.

92 S.W.2d 308 (Tex. Civ. App. 1936)

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Nature of the Case

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Facts

P's wife fell as she was helped by an employee of D as she left one of D's trains. P, her husband, sought recovery of damages for personal injuries to his wife, alleged to have been sustained by reason of the negligence of the D, through its employee, in assisting her to alight from a passenger train. During trial, D asked the wife if she was fond of playing bridge. P objected, wherein his counsel stated: “We object to that. I do not think it is material.” The objection was overruled. The jury found $2,500 in damages but also found that the wife failed to exercise ordinary care for her own safety. D got the judgment, and P appealed.