Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-08
SUPREME COURT.
DECISIONS RENDERED AT THE
TYLER SITTING.
X. Games and John L. Henry, Associate
Justices-S. ID. Reeves, Clerk.

Missouri Pacific railway VS.. Estell6
Kaiser; from Tarrant. /. The evidence
shows that appellee was school girl who
purchased a ticket from appellant from
Fort Worth to Lexington, Mo-, via Kansas
City. When the train which carried ap
pellee reached Independence, Mo-, she and
a girl companion were compelled to alight
from the train, and TO wait for another
train going to Lexington. The father OF
appellee had made arrangements with the
principal of the school to which appellee
was going, to meet her in Kansas City and
accompany her to Lexington When APP
pellee and her girl companion were forced
to leave the train over their protests, they
were unprotected and suffered much fright
and pain of mind. a friend of the princl.
pal of the school accidentally found out
their situation and notified the principal,
who came and conducted the girls to Lex
ington. Held: The evidence sustains the
verdict and judgment for $500. >. The
court did not err in refusing to charge that
plaintiff could not recover for mental suffer-
ing arising from any supposed or antlcl-
pated danger. We do not think that the
mental condition or the plalntln can be
properly considered as arising 'frOm SUP
posed or anticipated danger" The circum-
stances of the election were well calculated
to arouse feelings of insecurity and danger.
Affirmed. Henry, J.
First National Bank Sulphur Springs VS..
p. j. Willis & Bro /; from Hopkins. l. There
was no error in permitting witness to tes-
tify as to the contents of the insurance pol
lev 1t was shown that the policy had been
paid and returned to the company at Bos-
ton, Mass, and that the company would not
allow paid-up and Cancelled policies TO leave
their possession. Secondary evidence or
the contents of the policy was admissible.
q The fact that appellant, by attorney,
made oatn that he was reliably informed
that a member of the appellee firm was
dead, could not avail appellant in a motion
for a new trial Affirmed. Henry, j.
M. w. Boren ct al. VS.. j. II. Ellington ct
al; from Navarro. l. When appellants
flied their petition they failed to sign it by
parties or attorneys. Subsequently the
clerk calleu attention to the matter, and the
attorneys signed the petition III vacation.
The cause was continued on account OF
quaShing of citation, and subsequently con-
tinued by consent a second time. At the
third term of court the Judge dismissed the
cause tor the reason that the petition was
not signed when it was filed. In motion
to reinstate, appellants offered to pay all
costs. They also offered to amend, but tins
privilege was refused. Held: Error. 1t
may be that pleading not signed should
be disregarded by the court. t Tex, 159
But in our opinion it does not follow that
such pleading can not be amended on leave
of the court. The signature to pleading
is formal requisite. The failure to COM
ply with the requirement is an irregularity
that may subject the pleading to be stricken
out upon motion, or TO be treated as null
lily by the court, but it is one which does
not operate to the injury of the opposing
party and therefore its amendment can not
prejudice his rights. Reversed and re-
manded. Gaines, j.
E. f. s. w. H. Crawford VS.. A w. Craw-
ford; from Shelby. l. On the trial of
plea in reconvention asking damages for
the malicious and wrongful levy of a writ
of sequestration, it is error for the court
to charge the jury that the person whose
property has been levied on may recover
for injury to his feelings [79 Tex, 46Ol.
The party could not recover for injury to
his feelings under any state of circum-
stances. g The wife is liable for her torts
unless she act under the coercion of her
husband Reversed and remanded.
Gaines, J.
J. w. Edens VS.. L. J. Simpson ct al;
from Navarro. l. A party making motion
NAV withdray same at any time before
action thereon by the court. Motion with
drawn Per curtain.