Burrell Wheeler v. Tyler Southeastern Railway Company.

Summary

The Texas Supreme Court held that the Court of Civil Appeals erred in reversing the judgment on the admission of Dr. Driskill's testimony, because the hearsay objection stated in the bill of exceptions did not encompass the physician-examination argument raised for the first time on appeal. However, the trial court did err in submitting plaintiff's agreed $250 medical fee to the jury without proof that it was a reasonable charge. The judgment was affirmed conditioned on a remittitur of $250, which was timely filed.