Jones v. Galveston, H. & S. A. Ry. Co.

PLY, C. J.

Appellant sued the Gulf, Colorado & Santa Eé Railway and the Galveston, Harrisburg & San Antonio Railway Company, for the value of a mare, which was shipped from Temple to Edna, Tex., and which, it was alleged, died from injuries received on the train. The suit originated in the justice’s court, where judgment was rendered in favor of appellant for $150. On appeal to the county court a jury trial was had resulting in a verdict and judgment in favor of appellees.

No objections were urged to the charge of the court or to special charges requested by appellees and given by the court, and the first and second assignments, which complain of the charges, must be overruled. In article 1971, Revised Statutes 1911, as amended by Acts 33d Leg. c. 59, § 3 (Vernon’s Sayles’ Ann. Civ. St. 1914, art. 1971), it is provided that the court shall submit its charge to the attorneys for inspection, and that any objections thereto must be presented to the court before the charge is read to the jury, and all objections not so made shall be considered as waived. In article 2061, as amended by Acts 33d Leg. e. 59, § 3 (Vernon’s Sayles’ Ann. Civ. St. 1914, art. 2061), it is reiterated that:

“The ruling of the court in the giving, refusing, or qualifying of instructions to the jury shall be regarded as approved unless excepted to as provided for in the foregoing articles.”

These articles have been considered and enforced in a number of decisions. Railway v. Dickey (Sup.) 187 S. W. 184; Cleburne Street Railway v. Barnes, 168 S. W. 991; Elser v. Putnam Co., 171 S. W. 1052; Railway v. Smith, 172 S. W. 750; Railway v. West, 174 S. W. 287; Modern Woodmen v. Yanowsky, 187 S. W. 728; Roberts v. Houston Motor Co., 188 S. W. 257. Objections to the charge in an amended motion for new trial, filed about two weeks after the trial, did not meet the demands of the statute.

The third and fourth assignments of error question the sufficiency of the evidence to sustain the vérdict, but cannot be sustained because appellant did not object to the presentation of the cause to the jury, making no objections to the charge, and making no request to charge the jury to return a verdict for appellant. We will say, however, that there was evidence that would sustain the verdict of the jury.

There is no error presented requiring a reversal, and the judgment is affirmed.