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McEwen v. Texas & Pacific Railway Co.

Court of Civil Appeals of Texas
92 S.W.2d 308 (Tex. Civ. App. 1936)


Facts

Mrs. McEwen fell and was injured as she stepped down from a train operated by Texas & Pacific Railway Co. (Railway) (defendant). A Railway employee was attempting to help Mrs. McEwen when she fell. McEwen’s husband (plaintiff) brought a negligence suit against Railway. At trial, Railway asked Mrs. McEwen if she was “rather fond of playing bridge.” McEwen objected to the question and his counsel stated: “We object to that. I do not think it is material.” The trial judge overruled the objection. The jury found that the Railway employee was negligent, but also that Mrs. McEwen was contributorily negligent. The trial court ruled in favor of the Railway. McEwen appealed.

Rule of Law

Issue

Holding and Reasoning (Funderburk, J.)

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