Bradshaw v. Baylor Univ., 84 S.W.2d 703 (Tex. 1935). · Go Syfert
Bradshaw v. Baylor Univ., 84 S.W.2d 703 (Tex. 1935). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 5 distinct cases, last quoted 2009 · …to but one satisfaction for the injuries sustained by him. Topic ↗
436 citation events (95 in the last 25 years) across 8 distinct courts.
Strongest positive: Quinney Electric, Inc. v. Kondos Entertainment, Inc. (tex, 1999-03-11) · Strongest negative: Owens-Corning Fiberglas Corp. v. Schmidt (texapp, 1997-01-15)
Treatment trajectory · 1936 → 2026 · click a year to view as-of
1936 1981 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Overruled Owens-Corning Fiberglas Corp. v. Schmidt (4×)
Tex. App. · 1997 · confidence bake:cell
Accordingly, OCF argues, it was entitled to credit for the malpractice recovery under the “one satisfaction rule” of Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703 (1935), overruled by Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 423 (Tex.1984).
examined Cited as authority (verbatim quote) Quinney Electric, Inc. v. Kondos Entertainment, Inc. (2×) also: Cited as authority (quoted)
Tex. · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
an injured party is entitled but one satisfaction for the injuries sustained by him.
discussed Cited as authority (rule) Sunbelt Securities Inc., the Fisher Group, Cheryl Brown, Jeanine Fisher, and Monique Mandell v. David Mark Mandell and Ray J. Black, Permanent Administrator of the Estate of William M. Mandell
Tex. App. · 2023 · confidence medium
There being but one injury, there can, in justice, be but one satisfaction for that injury. 84 S.W.2d 703, 705 (1935), overruled in part by Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 432 (Tex. 1984).
cited Cited as authority (rule) Jerry Grisaffi v. Rocky Mountain High Brands, Inc. F/K/A Republic of Texas Brands, Inc.
Tex. App. · 2022 · confidence medium
Sky View at Las Palmas, LLC v. Mendez, 555 S.W.3d 101, 107 (Tex. 2018) (quoting Bradshaw v. Baylor Univ., 84 S.W.2d 703, 705 (1935)) (emphasis added).
cited Cited as authority (rule) AmGuard Insurance Company v. Lone Star Legal Aid
S.D. Tex. · 2019 · confidence medium
Baylor Univ., 84 S.W.2d 703, 705 (Tex. 1935)).
discussed Cited as authority (rule) Sky View at Las Palmas, LLC and Ilan Israely v. Roman Geronimo Martinez Mendez and San Jacinto Title Services of Rio Grande Valley, Llc
Tex. · 2018 · confidence medium
There being but one injury, there can, in justice, be but one satisfaction for that injury. 84 S.W.2d 703, 705 (Tex. 1935), overruled in part by Duncan v. Cessna Aircraft Co., 665 S.W.2d 414, 432 (Tex. 1984).7 In Stewart Title, we clarified that the fundamental consideration in applying the one-satisfaction rule is whether the plaintiff has suffered a single, indivisible injury—not the causes of action the plaintiff asserts: “There can be but one recovery for one injury, and the fact that more than one defendant may have caused the injury or that there may be more than one theory of liabil…
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Roberts v. Grande, 868 S.W.2d 956, 959 (Tex. App. —Houston [14 Dist.] 1994, no pet.) (“even though not adjudicated as joint tortfeasors, appellee and the real estate agent and broker cannot be said to have caused separate injuries.”); Lewis v. Exxon Co., 786 S.W.2d 724, 729 (Tex. App.—El Paso 1989, no pet.) (“It is a rule of general acceptation that an injured party is entitled to but one satisfaction for the injuries sustained by him . . . although not abolished in situations where Section 33.015 does not apply, [the one-satisfaction rule] has been severely modified in its applicati…
examined Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc. (4×)
Tex. App. · 2015 · confidence medium
Rev. at 171-72; see Gattegno, 53 S.W.2d at 1007 ; Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935). d.
discussed Cited as authority (rule) Gloria Garcia v. Genesis Crude Oil L.P. (2×)
Tex. App. · 2015 · confidence medium
Burnett & Co., 691 F.2d 658, 665 (4th Cir.1982) ....................................................................... 29 In re Trautman, 496 F.3d 366 (5th Cir. 2007) .............................................................................. 18 Texas Supreme Court American Surety Co. v. Axtell Co., 120 Tex. 166 , 36 S.W.2d 715, 718 (Tex.1931) .................................................. 15 Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex. 1935) ................................................... 30 Brown v. Owens, 674 S.W.2d 748 , 19 Ed. Law Rep. 1222 (Tex. 1984)…
examined Cited as authority (rule) GE Capital Commercial, Inc. v. Worthington National Bank (3×) also: Cited "see"
5th Cir. · 2014 · confidence medium
Id. at 703-705.
cited Cited as authority (rule) Gailia Tate v. Miguel Hernandez
Tex. App. · 2009 · confidence medium
Discussion The one-satisfaction rule limits a plaintiff “to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935); Crown Life Ins.
cited Cited as authority (rule) Gailia Tate v. Miguel Hernandez
Tex. App. · 2009 · confidence medium
Discussion The one-satisfaction rule limits a plaintiff “to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935); Crown Life Ins.
cited Cited as authority (rule) Gailia Tate v. Miguel Hernandez
Tex. App. · 2009 · confidence medium
Discussion The one-satisfaction rule limits a plaintiff “to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935); Crown Life Ins.
cited Cited as authority (rule) Gailia Tate v. Miguel Hernandez
Tex. App. · 2009 · confidence medium
Discussion The one-satisfaction rule limits a plaintiff “to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935); Crown Life Ins.
cited Cited as authority (rule) Imperial Lofts, Ltd. v. Imperial Woodworks, Inc.
Tex. App. · 2008 · confidence medium
Under the one-satisfaction rule, a plaintiff “is entitled to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Rancho La Valencia, Inc. and Charles R. Randy Turner v. Aquaplex, Inc. and James Edward Jones, Jr.
Tex. App. · 2007 · confidence medium
Bradshaw v. Baylor Univ. , 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Rancho La Valencia, Inc. and Charles R. Randy Turner v. Aquaplex, Inc. and James Edward Jones, Jr.
Tex. App. · 2007 · confidence medium
Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Rancho La Valencia, Inc. and Charles R. Randy Turner v. Aquaplex, Inc. and James Edward Jones, Jr.
Tex. App. · 2007 · confidence medium
Bradshaw v. Baylor Univ. , 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Rancho La Valencia, Inc. v. Aquaplex, Inc.
Tex. App. · 2007 · confidence medium
Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Paul Michael Benz v. Texas Department of Public Safety
Tex. App. · 2006 · confidence medium
Discussion The one-satisfaction rule limits a plaintiff “to but one satisfaction for the injuries sustained by him.” Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935); Crown Life Ins.
cited Cited as authority (rule) Allstate Indemnity Company v. Mary Hyman
Tex. App. · 2006 · confidence medium
Siurek , 748 S.W.2d at 106 (citing Bradshaw v. Baylor Univ. , 126 Tex. 99, 104 , 84 S.W.2d 703, 705 (1935)).
cited Cited as authority (rule) CTTI Priesmeyer, Inc. Formerly Known as Central Texas Tiltwall, Inc. v. K&O Limited Partnership, a Texas Limited Partnership
Tex. App. · 2005 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex. 1991); Bradshaw v. Baylor Univ. , 84 S.W.2d 703, 705 (Tex. 1935).
cited Cited as authority (rule) CTTI Priesmeyer, Inc. Formerly Known as Central Texas Tiltwall, Inc. v. K&O Limited Partnership, a Texas Limited Partnership
Tex. App. · 2005 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex. 1991); Bradshaw v. Baylor Univ., 84 S.W.2d 703, 705 (Tex. 1935).
cited Cited as authority (rule) CTTI Priesmeyer, Inc. v. K & O LTD. PARTNERSHIP
Tex. App. · 2005 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex.1991); Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.1935).
cited Cited as authority (rule) Stephen James Williams v. State
Tex. App. · 2004 · confidence medium
Bradshaw v. Baylor Univ. , 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) City of Houston v. Texan Land and Cattle Co.
Tex. App. · 2004 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex.1991); Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Wausau Underwriters Insurance Co. v. General Electric Co.
Tex. App. · 2004 · confidence medium
The only answer which accords with justice and the authorities is that he has none.” Bradshaw v. Baylor Univ. , 84 S.W.2d 703, 705 (Tex. 1935).
cited Cited as authority (rule) Duke Energy Field Services Assets, LLC v. National Union Fire Insurance Company of Pittsburgh, PA
Tex. App. · 2001 · confidence medium
Siurek , 748 S.W.2d at 106 (citing Bradshaw v. Baylor Univ. , 126 Tex. 99, 104 , 84 S.W.2d 703, 705 (1935)).
discussed Cited as authority (rule) Buccaneer Homes of Alabama, Inc. v. Pelis (2×) also: Cited "see"
Tex. App. · 2001 · confidence medium
In Texas jurisprudence, the Texas Supreme Court first analyzed the appropriateness of a settlement offset under the One Satisfaction Rule in Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.Com.App.1935) (limiting an injured party to a single satisfaction for one injury, whether or not there was more than one wrongdoer who contributed to the injury).
cited Cited as authority (rule) in Re: Frank A. Smith Sales, Inc., D/B/A Frank Smith Toyota and Jimmy Resendez
Tex. App. · 2000 · confidence medium
Co. v. Sterling , 822 S.W.2d 1, 5 (Tex. 1991); Bradshaw v. Baylor Univ. , 84 S.W.2d 703, 705 (Tex. 1935).
cited Cited as authority (rule) In Re Frank A. Smith Sales, Inc.
Tex. App. · 2000 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 5 (Tex.1991); Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.Com.App.1935).
discussed Cited as authority (rule) Blackstock v. Dudley (2×) also: Cited "see"
Tex. App. · 1999 · confidence medium
Sterling, 822 S.W.2d at 5 ; First Title, 860 S.W.2d at 78 ; Bradshaw v. Baylor Univ., 84 S.W.2d 703, 705 (Tex.1935).
cited Cited as authority (rule) Facciolla v. Linbeck Construction Corp.
Tex. App. · 1998 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex.1991); Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
discussed Cited as authority (rule) American Physicians Insurance Exchange v. Garcia (2×)
Tex. · 1994 · confidence medium
Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935) and the “one satisfaction rule” apparently apply in this case.
discussed Cited as authority (rule) Bel-Ton Electric Service, Inc. v. Pickle
Tex. App. · 1994 · confidence medium
See First Title Co. v. Garrett, 860 S.W.2d 74, 78 (Tex.1993); Bradshaw v. Baylor, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935), overruled on other grounds, Duncan v. Cessna Aircraft, 665 S.W.2d 414, 432 (Tex.1984).
discussed Cited as authority (rule) Benefit Trust Life Insurance Co. v. Littles
Tex. App. · 1993 · confidence medium
Consequently, the complaints regarding the trial court’s submission of the instruction are hereby denied. *469 Secondly, Benefit raises an argument under this point attacking the judgment because it allegedly violates the one satisfaction rule of Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935), overruled on other grounds, Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 (Tex.1984), which limits an injured party to a single satisfaction for a single injury.
discussed Cited as authority (rule) First Title Co. of Waco v. Garrett (2×)
Tex. · 1993 · confidence medium
Sterling, 822 S.W.2d at 5 (quoting Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935)).
cited Cited as authority (rule) El Paso Natural Gas Co. v. Berryman
Tex. · 1993 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 5-6 (Tex.1991); Bradshaw v. Baylor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Berry Property Management, Inc. v. Bliskey
Tex. App. · 1993 · confidence medium
Co. v. Sterling, 822 S.W.2d 1, 7 (Tex.1991) (quoting Bradshaw v. Bay *665 lor Univ., 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.1935) and addressing double recovery of actual damages).
cited Cited as authority (rule) Luker v. Arnold
Tex. App. · 1992 · confidence medium
This rule is that when there is “one injury, there can, in justice, be but one satisfaction for that injury.” Id. at 705.
discussed Cited as authority (rule) Stewart Title Guaranty Co. v. Sterling (2×)
Tex. · 1992 · confidence medium
The nonsettling defendant, Stewart Title Guaranty Company, sought a credit based on the "one satisfaction rule." This doctrine was first articulated in Texas in Bradshaw v. Baylor University, 84 S.W.2d 703, 705 (Tex.1935), and its purpose is to limit an injured party to a single satisfaction for one injury.
discussed Cited as authority (rule) First Title Company of Waco v. Charles Garrett, Et Ux
Tex. App. · 1990 · confidence medium
First Title and Alamo Title claimed they were entitled to the credit under the "one satisfaction rule" in Bradshaw v. Baylor University , 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex. Comm'n App. 1935, opinion adopted).
examined Cited as authority (rule) First Title Co. of Waco v. Garrett (4×)
Tex. App. · 1990 · confidence medium
First Title and Alamo Title claimed they were entitled to the credit under the "one satisfaction rule" [1] in Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.Comm'n App.1935, opinion adopted).
discussed Cited as authority (rule) Lewis v. Exxon Co., USA (2×)
Tex. App. · 1989 · confidence medium
The latter rule is attributed to the opinion in Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935), where it was said, “It is a rule of general acceptation that an injured party is entitled to but one satisfaction for the injuries sustained by him.” The Bradshaw Rule, although not abolished in situations where Section 33.015 does not apply, has been severely modified in its application by the comparative negligence statutes.
discussed Cited as authority (rule) Willie Dobson v. D.R. Camden (2×)
5th Cir. · 1983 · confidence medium
There being but one injury, there can, in justice, be but one satisfaction for that injury ....’’ Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
cited Cited as authority (rule) Cypress Creek Utility Services Co. v. Muller
Tex. App. · 1981 · confidence medium
Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.Comm’n.App.1935, opinion adopted).
examined Cited as authority (rule) Knutson v. Morton Foods, Inc. (4×) also: Cited "see, e.g."
Tex. · 1980 · confidence medium
Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935).
discussed Cited as authority (rule) Perkins v. Barrera
Tex. App. · 1980 · confidence medium
James & Co., Inc. v. Statham, 558 S.W.2d 865, 868 (Tex. 1977); McMillen v. Klingensmith, 467 S.W.2d 193, 196 (Tex. 1971); Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (Tex.Com.App. 1935, opinion adopted); Gattegno v. The Parisian, 53 S.W.2d 1005, 1008 (Tex.Com.App. 1932, holding approved); Burrell v. Cornelius, 588 S.W.2d 403, 405 (Tex.Civ.App.-Tyler 1979, writ ref’d n. r. e.).
discussed Cited as authority (rule) Columbia Engineering International, Ltd. v. Dorman (2×)
Tex. App. · 1980 · confidence medium
We now quote from a few of the authoritative decisions of our courts upon which *81 we rely in confining each plaintiff's recovery to the total damages fixed by the jury: (1) Chief Justice Hickman in Bradshaw v. Baylor University, 126 Tex. 99 , 84 S.W.2d 703, 705 (1935): "It is a rule of general acceptation that an injured party is entitled to but one satisfaction for the injuries sustained by him. . . .
discussed Cited as authority (rule) Burrell v. Cornelius
Tex. App. · 1979 · confidence medium
James & Co., Inc. v. Statham, 558 S.W.2d 865, 868 (Tex.1977); Bradshaw v. Baylor University, 84 S.W.2d 703, 705 (Tex.Comm’n App.1935, opinion adopted); Gattegno v. The Parisian, 53 S.W.2d 1005, 1008 (Tex.Comm’n App. 1932, holding approved); Deal v. Madison, 576 S.W.2d 409, 414 (Tex.Civ.App.—Dallas 1978, no writ history).
Retrieving the full opinion text from the archive…
Wesley Bradshaw
v.
Baylor University Et Al.
No. 6393..
Texas Supreme Court.
Jul 17, 1935.
84 S.W.2d 703
1935 Tex. LEXIS 377
Sewell, Taylor, Morris Garwood, and W. J. Knight, all of Houston, for plaintiff in error. It is no defense to a cause of action for personal injuries that the injured party has entered into an illegal contract with respect to the ownership of the proceeds of the cause of action. Gulf, C. S. F. Ry. Co. v. Miller, 53 S.W. 709 ; American Ry. Exp. v. Voelkel (Com. App.), 252 S.W. 486 ; Galveston, H. S. A. Ry. Co. v. Ginther, 96 Tex. 295 , 72 S.W. 166 . Harvey W. Richey, and Nat Harris, both of Waco, for defendant in error Baylor University; John B. Atkinson, of Waco, for defendant in error International Great Northern Railroad Company, and Jos. W. Hale, of Waco, and E. C. Gaines, of Austin, for defendant in error Union Automobile Insurance Company of Los Angeles, Cal. Under the law contribution cannot be had in a case where joint tort-feasors are not jointly sued by the injured party. San Antonio A. P. Ry. Co. v. Bowles, 88 Tex. 634 , 32 S.W. 880 ; Fort Worth Light Power Co. v. Moore, 118 S.W. 831 ; Citizens Ry. L. Co. v. Case, 138 S.W. 621 ; Boyer v. Bolander, 15 Am. St., 723; Cooley on Torts, p. 55, 261-264.
Hickman.
Cited by 167 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: Texas Supreme Court (1)
Mr. Judge HICKMAN

delivered the opinion of the Commission of Appeals, Section A.

A very full statement of the case is made by the Court of Civil Appeals through Chief Justice McClendon. 52 S. W. (2d) 1094. An abridged statement will serve the purposes of this opinion.

Wesley Bradshaw sustained personal injuries in a collision between a motor bus in which he was riding and a train operated by the International & Great Northern Railroad Company. The bus was owned and operated by Baylor University and was being used on the occasion of the accident to transport the Baylor basket ball team from Waco to Austin for a game with the University of Texas team. Bradshaw was accompanying the party as a guest of the Baylor coach. Prior to the institution of the present suit a contract in writing was entered into between Bradshaw and the railroad company, which may be epitomized as follows:

In consideration of $6,500.00 cash in hand paid to him by the railroad company Bradshaw covenanted and agreed that he would not at any time in the future sue or permit the railroad company to be sued on account of his injuries, and would protect, hold harmless and indemnify it against any action brought for him by any other person. For the same consideration he assigned to the railroad company his cause of action, if any he had, against Baylor University and authorized it to prosecute a suit thereon in his name, but at its own expense. There was reserved to Bradshaw an interest in the cause of action “and in the result of any suit or suits brought thereupon to the extent of an amount not to exceed $100.00.” With the question of whether the attempted reservation was void for indefiniteness and the allied question of what interest, if any, was reserved to Bradshaw, we are not concerned, for each is unimportant under bur view of the controlling question.

After the contract was executed and the consideration therefor, $6,500.00, paid, this suit was instituted in the name of Bradshaw against Baylor University as the sole defendant for damages on account of the injuries received by him as a result of the collision. Quoting from the opinion of the Court of Civil Appeals:

[*102] “Baylor impleaded the railroad, setting up the Bradshaw-Railroad agreement as a settlement; alleged that the assignment feature of the agreement was void because Baylor and the railroad were joint tort-feasors, that Bradshaw had no substantial interest in the suit, and could recover in no event in excess of $100. Baylor also asserted, in case judgment went against it, that it was entitled to indemnity against the railroad, and in the alternative to contribution, * * *.
“The railroad, in defense of the cross-action of Baylor against it, set up the same acts of negligence alleged in the Bradshaw petition (1) as the sole and (2) as the active proximate cause of the collision, and, in the alternative, if Baylor be held to have the right of contribution against it, ‘that the amount to be paid - by said defendant be apportioned as to what amount should be paid by each of them respectively.’
“The trial was to a jury upon special issues, resulting in the following findings:
“1. That Baylor was guilty of negligence which was a" proximate cause of the collision in each of the following particulars :
“(a) The bus driver was driving the bus within the corporate limits of Round Rock at a speed in excess of 20 miles per hour as the bus approached the crossing where the collision occurred. !
“(b) The bus driver failed to turn the bus to the left so as to avoid the collision after discovering the approach of' the train.
“(c) The bus driver failed to bring the bus to a complete stop before driving upon the track.
• “(d) The bus driver attempted to beat the train over the crossing by accelerating the speed of the bus after discovering the approach of the train.
“2. That the agents, servants, and employees of the railroad were guilty of negligence which was a proximate cause, but not the sole proximate cause, of the collision, in that they operated the ‘train at the time of the collision at a high and dangerous rate of speed.’
“3. That $6,500, ‘if paid presently, would compensate Wesley Bradshaw for the injuries received by him upon the occasion in question’.”

Upon the verdict of the trial court rendered judgment in favor of Bradshaw against Baylor University for $6,500.00 and in favor of the latter against the railroad company for $3,250.00. That judgment was reversed by the Court of Civil[*103] Appeals and judgment rendered that Brashaw take nothing by his suit against Baylor and the latter take nothing by its suit against the railroad.

With most of the opinion of the.Court of Civil Appeals we are in accord, but we do not concur in the holding that the assignment of the cause of action against Baylor University to the railroad company is against public policy and therefore void. Neither do we agree that the entire liability of Baylor University was extinguished thereby. Under the common law the effect of such an assignment might be to enable a tort-feaser to reap a profit from his own dereliction. Manifestly it would be contrary to sound public policy to permit him to do so. But the common law has been modified in this State by statute, Article 2212, the evident purpose of which was to equalize the burden between solvent tort-feasors. Lottman v. Cuilla, 288 S. W., 123. Under a proper application of that statute, as this Court construes it, a tort-feasor could reap no profit from his own dereliction, but might, in a proper proceeding, enforce contribution. To that end, it is conceivable that the taking of an assignment of the cause of action from the injured party might be to the interest of all concerned. We have deemed it advisable thus to indicate our disagreement with the Court of Civil Appeals, although it is recognized that a decision of the case before us does not rest upon the construction of the named article of the statute. A fuller discussion of the question is not required.

Bradshaw alone is the plaintiff in error in this Court. If it be conceded that the railroad company, through him, is the •real party in interest, then it is such party only as his assignee. In the trial court no pleading was filed by it in its own name or through Bradshaw seeking contribution from Baylor University. The railroad company appealed to the Court of Civil Appeals in its own name and not in the name of Bradshaw. It has consistently contended that there is no relation between the Bradshaw cause of action and the cross action asserted against it by Baylor. The judgment of the trial court was neither sought nor awarded on the theory that the suit was one by the railroad company in the name of Bradshaw for contribution. The Bradshaw cause of action alone is before us. The case must therefore be determined just as if no assignment had ever been executed and there were no parties before this Court other than Bradshaw and Baylor. The question, thus narrowed down, is, what right has Bradshaw, who has been fully compensated for his injuries, to recover[*104] further damages? The only answer which accords with justice and the authorities is that he has none. The jury found that $6,500.00, if paid at the date of trial, would compensate him for the injuries sustained. He had therefore been paid that exact amount. It is a rule of general acceptation that an injured party is entitled to but one satisfaction for the injuries sustained by him. That rule is in no sense modified by the circumstance that more than one wrongdoer contributed to bring about his injuries. There being but one injury, there can, in justice, be but one satisfaction for that injury. The fact that the money was paid to him in consideration for his covenant not to sue the railroad company and for his partial assignment to that company renders it none the less a payment as compensation for his injuries. Hunt v. Ziegler, 271 S. W., 936 (affirmed 280 S. W., 546); Robertson v. Trammell, 37 Texas Civ. App., 53, 83 S. W., 258 (Writ Ref. 98 Texas, 364, 83 S. W., 1098); El Paso & S. R. Co. v. Darr, 93 S. W., 166 (Writ ef.); St. Louis, I. M. & S. Ry. Co. v. Bass, 140 S. W., 860 (Writ Ref.); Pearce v. Hallum, 30 S. W. (2d) 399 (Writ Ref.); Lovejoy v. Murray, 3 Wall., 1, 18 L. Ed., 129; 36 Texas Jur., p. 823; Id. 826; 53 C. J., pp. 1253-1254, Sec. 76; Id., p. 1259; Id., p. 1264.

Since no action for indemnity or contribution was presented in the trial court, but only Brashaw’s cause of action for damages on account of the injuries sustained by him, and since the jury found that the total amount of his damages did not exceed the amount which he had theretofore received from the railroad company, it follows that judgment should have been rendered in the trial court that he take nothing. The judgment of the Court of Civil Appeals is accordingly affirmed.

Opinion adopted by Supreme Court July 17, 1935.

Rehearing overruled October 23, 1935.