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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)

Relevant factsFree

Mrs. McEwen fell and was injured stepping down from a train operated by Texas & Pacific Railway Co. (Railway) (defendant), while a Railway employee was trying to help her. Her husband (plaintiff) sued Railway for negligence. At trial, Railway asked Mrs. McEwen whether she was "rather fond of playing bridge," and McEwen's counsel objected only that the question was "immaterial," without stating any specific reason why. The trial judge overruled the objection, and the jury found the Railway employee negligent but Mrs. McEwen contributorily negligent, resulting in judgment for the Railway. McEwen appealed.

IssueFree

Whether a general objection to evidence that does not definitely and specifically state the grounds on which it is based will be sustained.

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