Texas & Pacific Railroad v. Casey
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. B. T. Estes. Mary Casey, on the 1st of October, 1874, entered the cars of the Texas and Pacific Railroad Company at Jefferson to go to Moore’s Landing. After taking her seat on the cars, and before they had proceeded far, the conductor demanded to know of her if she had a pass permitting her to ride on the cars. She replied that she had not, and was at once put off the cars by the conductor, at or near a vrater-tank.
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Appeal from Marion. Tried below before the Hon. B. T. Estes. Mary Casey, on the 1st of October, 1874, entered the cars of the Texas and Pacific Railroad Company at Jefferson to go to Moore’s Landing. After taking her seat on the cars, and before they had proceeded far, the conductor demanded to know of her if she had a pass permitting her to ride on the cars. She replied that she had not, and was at once put off the cars by the conductor, at or near a vrater-tank. She brought suit against the company, and in her petition alleged that she was about to explain to the conductor the reason why…
1Opinion of the Court
Bonner, Associate Justice.
It is contended by appellant (defendant below) that the action of the court in overruling its general demurrer was such fundamental error, apparent upon the record, as calls for a reversal of the judgment.
Defendant neither excepted to this ruling nor assigned it as error.
The plaintiffs averred substantially that the defendant-company was the owner of the train; was running it as common carriers of freight and passengers; that, with its consent, Mrs. Casey entered the car as a passenger to Moore’s Landing; that the acting conductor in charge of the train wrongfully…
2Cited by17 opinions
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- Schaffer v. SpeckelsTexas Commission of Appeals · 1933
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