I. & G. N. R'y Co. v. Gilbert
Texas Supreme Court
Appeal from Gregg. Tried below before the Hon. Win. Stead-man, Special Judge. Suit against appellant for damages for having been, as appellee alleged, improperly put off of a train of defendant’s cars a short distance from Longview Junction on the night of the 31st of December, 1881. Appellee alleged that she arrived at Longview Junction about dark on the 31st of December, 1881, from Decatur, Alabama, and had a first-class ticket authorizing her to travel over the railroads…
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Appeal from Gregg. Tried below before the Hon. Win. Stead-man, Special Judge. Suit against appellant for damages for having been, as appellee alleged, improperly put off of a train of defendant’s cars a short distance from Longview Junction on the night of the 31st of December, 1881. Appellee alleged that she arrived at Longview Junction about dark on the 31st of December, 1881, from Decatur, Alabama, and had a first-class ticket authorizing her to travel over the railroads owned and operated by the Texas & Pacific Railway Company from Texarkana by way of Longview Junction to Terrell, Texas;…
1Opinion of the Court
Willie, Chief Justice.
The general and special demurrers to the petition were properly overruled.
It is alleged that the plaintiff, before leaving Longview, inquired of the conductor of the defendant’s train if she was in the right train, to which he replied by telling her to keep her seat. This was equivalent to saying that she was on the right train. It is objected that it does not appear that she informed the conductor as to where she wanted to go. We think that this does sufficiently1- appear from the above allegations when taken in connection with others found in the petition. The…
2Cases cited2 opinions
- Columbus, Chicago, & Indiana Central Railway Co. v. PowellIndiana Supreme Court · 1872
- Barker v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
3Cited by41 opinions
- Moore v. KennedyTexas Supreme Court · 1891
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Howard Oil Co. v. DavisTexas Supreme Court · 1890
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Texas & Pacific Railway Co. v. ColeTexas Supreme Court · 1886
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