Hays v. Houston G. N. R. R. Co.
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. Suit by Hays against the Houston and Great Horthern Eailroad Company, to recover damages, claimed by him to be fifty thousand dollars, because of his alleged wrongful expulsion by a railroad conductor from one of the passenger trains of said company, on the 7th day of July, 1873, between Zavalla and the city of Tyler.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. Suit by Hays against the Houston and Great Horthern Eailroad Company, to recover damages, claimed by him to be fifty thousand dollars, because of his alleged wrongful expulsion by a railroad conductor from one of the passenger trains of said company, on the 7th day of July, 1873, between Zavalla and the city of Tyler. Appellee denied the allegations of said petition, and pleaded legal justification for the act of his agent. Trial was had, and the jury, after being charged by the court, returned a verdict against the company and in…
1Opinion of the Court
Gould, Associate Justice.
Appellant brought this suit to recover damages for personal injuries received, and the violation of Ms rights as a passenger, in the alleged malicious, forcible, and wrongful act of defendant, by its agent, the conductor, in ejecting Mm from the cars. He claimed that he was rightfully on the cars; that the act of the conductor m expelling him was wrongful, was accomplished m a rude and insulting manner, and by personal violence, resulting in injuries to Ms clothing and bruises to Ms person, and was *277further aggravated by being done in the presence of, and to the great…
2Cases cited6 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- The Amiable NancySupreme Court of the United States · 1818
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- Great Western Railway Co. v. MillerMichigan Supreme Court · 1869
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3Cited by62 opinions
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- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Mildred Prunty v. Arkansas Freightways, Inc., and Chuck BaughCourt of Appeals for the Fifth Circuit · 1994
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
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