Frey v. F.W. R.G. Ry. Co.

1 Citing case

  1. W.U. Telegraph Co. v. Roberts

    34 Tex. Civ. App. 76 (Tex. Civ. App. 1903)   Cited 4 times

    We think, as ordinarily used and understood, the word "at," when used in relation to a village or settlement of this character, anywhere in the neighborhood of such village or station, and there was no variance between the allegation that plaintiff's mother was sick "at Humble" and the evidence which showed that the house at which she was sick was about two miles from the village or station of that name. Williams v. Railway Co., 82 Tex. 559; Frey v. Railway Co., 6 Texas Civ. App. 29[ 6 Tex. Civ. App. 29]. The second ground urged for a reversal is not without force, but we are of the opinion that article 1298 of our statutes which provides, in substance, that the trial court may at any time before the argument in a case is closed permit either party to supply an omission in the testimony, since it only establishes a rule of procedure, is merely directory, and a party complaining of its infraction must, in order to obtain a reversal of the judgment of the court below by reason of the disregard of the rule, show that he has been injured thereby.