Citations
- 113 S.W.2d 255
Full opinion text
WALKER, Chief Justice.
This appeal was prosecuted from the judgment of the lower court to the San An'tonio Court of Civil Appeals, and transferred to our docket by order of the Supreme Court.
On the 5th day of December, 1935, appel-lees, R. A. Osborne and wife, Marjorie Osborne, instituted this suit against appellants, H. R. Hohenberger and wife, Emmie Ho-henberger, alleging that Mrs. Hohenberger negligently backed an automobile she was driving over and against Mrs. Osborne, to her great personal injury; appellees prayed for judgment for the resulting damages. On the verdict of the jury, answering special issues, appellees were awarded damages against appellants for $1,500.
We overrule appellants’ assignment that the verdict was excessive; on this issue we adopt the following statement made by appellees:
“Appellee, Marjorie Osborne, had both ankle bones . broken and the ligaments around the ankle joint torn loose. For three weeks a cast was on her leg and foot from the knee. After the cast was removed her leg and ankle were bandaged very tightly and she wore a brace, on her ankle and foot from October 2, 1935, to the middle of June, 1936. She used crutches to go about the home after being in bed for about three weeks during which time she suffered much pain, inability to sleep and prolonged nervousness and often placed her foot and leg in an elevated position. One year after the accident she was unable to wear high-heeled shoes and it was undisputed that up to the time of the trial (one year) the ankle would ache, especially when the weather changed and Dr. T. E. Christian, appellants’ witness, and Dr. H. C. Sweet, appellees’ witness, both testified that this was to be expected. At the time of the injuries, appellant Mrs. Osborne had been treated for about a year by Dr. Lee Rice for a nervous condition and stomach trouble and the pain and suffering from the broken ankle joint and torn ligaments revived and intensified this trouble. Dr. T. E. Christian, appellants’ witness, testified that this kind of an injury could have that result. Appellants repeatedly say that the doctors bills, X-ray and medical bills were only $35.00, when it was agreed by counsel that the bill for Dr. Sweet was $35.00 for setting the broken bones and for two X-rays $5.00 and appellee Osborne testified that doctor bills, X-ray, medicines and supplies would amount to about $75.00. Dr. H. C. Sweet, who was the attending physician testified that the distance between the two ankle bones showed a widening of twice the normal width out of -the former position, testifying:
“ ‘Yes, it is probably twice its normal width between the two bones.
“