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The following is based on a true court case. It's been more than 25 years, though, so I might not remember every word or detail exactly, but this is the gist. This happened during my youthful career as a Texas daily newspaper courthouse reporter.
An old rancher was suing the railroad for injuries he received when his buckboard was hit by a train. OK, I’m not as old as that would imply. Old time ranchers in West Texas back then still drove those things for short trips into town to save on gas and exercise the livestock. Probably still do.
But I digress.
The rancher sustained grievous injuries and his horse and his dog were killed. He sued the railroad for his damages and injuries. His case made it to court, and the railroad attorney had him on cross examination.
“So, “ the attorney asked, “Isn’t it true that at the scene of the collision you told a Department of Public Safety trooper that you, quote, 'never felt better in you’re life?' ”
“Yep,” the rancher said. “That’s true.
This sorta freaked out the rancher's attorney. He had not heard that before the trial, nor had it occurred to him to ask his client if he ever claimed perfect health at the crash scene. He also knew practically the entire case rested on his clients injuries and pain and suffering, and he wasn't going to get much if his client was fat and sassy by the side of the tracks immediately after the crash. He got the rancher back on re-direct.
“Mr. (rancher),” the attorney said, “Can you explain what you meant when you said you never felt better in your life?”
“Shor," the rancher said, “That old train came out of nowhere and it hit us, and my dog went flying one way and my horse went flying another way and I went flying another way. And I hit the ground and after a mite I started hurting somethin’ awful. And I couldn't move. And I heard my old horse whinneyin’ and my dog was crying and I was laying there, looking up at the sky, and I knew I was going to die.
“After a while I heard a voice over by my horse," he continued. "And the voice said 'You don’t look so good Flicka.' And a heard a shot. And I didn’t hear my horse whinnying anymore.
"Then I heard the voice say “you don’t look too good either, buddy. And I heard another shot and then I didn’t hear my dog whining anymore.
"And then I was looking up, and suddenly there was a trooper standing there, looking down at ME," the rancher said. "And he said to me “How you doin’ old timer.’
“And I said, ‘I never felt better in my life.’ ”
He won.
True story.
An old rancher was suing the railroad for injuries he received when his buckboard was hit by a train. OK, I’m not as old as that would imply. Old time ranchers in West Texas back then still drove those things for short trips into town to save on gas and exercise the livestock. Probably still do.
But I digress.
The rancher sustained grievous injuries and his horse and his dog were killed. He sued the railroad for his damages and injuries. His case made it to court, and the railroad attorney had him on cross examination.
“So, “ the attorney asked, “Isn’t it true that at the scene of the collision you told a Department of Public Safety trooper that you, quote, 'never felt better in you’re life?' ”
“Yep,” the rancher said. “That’s true.
This sorta freaked out the rancher's attorney. He had not heard that before the trial, nor had it occurred to him to ask his client if he ever claimed perfect health at the crash scene. He also knew practically the entire case rested on his clients injuries and pain and suffering, and he wasn't going to get much if his client was fat and sassy by the side of the tracks immediately after the crash. He got the rancher back on re-direct.
“Mr. (rancher),” the attorney said, “Can you explain what you meant when you said you never felt better in your life?”
“Shor," the rancher said, “That old train came out of nowhere and it hit us, and my dog went flying one way and my horse went flying another way and I went flying another way. And I hit the ground and after a mite I started hurting somethin’ awful. And I couldn't move. And I heard my old horse whinneyin’ and my dog was crying and I was laying there, looking up at the sky, and I knew I was going to die.
“After a while I heard a voice over by my horse," he continued. "And the voice said 'You don’t look so good Flicka.' And a heard a shot. And I didn’t hear my horse whinnying anymore.
"Then I heard the voice say “you don’t look too good either, buddy. And I heard another shot and then I didn’t hear my dog whining anymore.
"And then I was looking up, and suddenly there was a trooper standing there, looking down at ME," the rancher said. "And he said to me “How you doin’ old timer.’
“And I said, ‘I never felt better in my life.’ ”
He won.
True story.
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