San Antonio & A. P. Ry. Co. v. Schaeffer

Court of Appeals of Texas

San Antonio & A. P. Ry. Co. v. Schaeffer

179 S.W. 540, 1915 Tex. App. LEXIS 946

Court of Appeals of Texas·Decided October 20, 1915·No. No. 5505.·Published

Opinion

CARL, J.

This is a suit in tort for damages to an automobile, which damage is laid at $975, together with legal interest thereon from July 3, 1912. The original petition does not appear in the transcript, but the petition upon which the cause was tried was filed subsequent to July 24, 1914. This petition does not disclose the amount sued for in the original petition.

[1] It has been the practice of this court, where the amended petition would show an amount beyond the jurisdiction of the trial court, and yet the record did not contain the original petition or show what the amount originally sued for was, to reverse the judgment and remand the cause, instead of reversing and dismissing it.

[2] It is well established that in an action in tort interest is a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 378, 33 L. R. A. 163; Dwyer v. Bassett, 29 S. W. 815; Schulz v. Tessman, 92 Tex. 488, 49 S. W. 1032; Railway Co. v. Faulkner, 118 S. W. 748; Ry. Co. v. Flory, 118 S. W. 1116; Ry. Co. v. Womble, 124 S. W. 111; Crowdus et al. v. Kahn Tailoring Co., 136 S. W. 1136.

The judgment of the trial court is reversed, and the cause remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

CARL, J.

This is a suit in tort for damages to an automobile, which damage is laid at $975, together with legal interest thereon from July 3, 1912. The original petition does not appear in the transcript, but the petition upon which the cause was tried was filed subsequent to July 24, 1914. This petition does not disclose the amount sued for in the original petition.

[1] It has been the practice of this court, where the amended petition would show an amount beyond the jurisdiction of the trial court, and yet the record did not contain the original petition or show what the amount originally sued for was, to reverse the judgment and remand the cause, instead of reversing and dismissing it.

[2] It is well established that in an action in tort interest is a part of the damages. Baker v. Smelser, 88 Tex. 26, 29 S. W. 378, 33 L. R. A. 163; Dwyer v. Bassett, 29 S. W. 815; Schulz v. Tessman, 92 Tex. 488, 49 S. W. 1032; Railway Co. v. Faulkner, 118 S. W. 748; Ry. Co. v. Flory, 118 S. W. 1116; Ry. Co. v. Womble, 124 S. W. 111; Crowdus et al. v. Kahn Tailoring Co., 136 S. W. 1136.

The judgment of the trial court is reversed, and the cause remanded.

San Antonio & A. P. Ry. Co. v. Schaeffer, 179 S.W. 540, 1915 Tex. App. LEXIS 946 (Tex. Ct. App. 1915).

Pincite

179 S.W. 540 (San Antonio & A. P. Ry. Co. v. Schaeffer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related