Dallas Consolidated Electric Street Railway Co. v. Pettit

TALBOT, Associate Justice.

—Appellee instituted this suit against appellant for damages on account of an alleged assault and battery committed upon him by one of its conductors while he was a passenger on one of appellant’s cars. Appellee alleged,' in substance, that on January 31, 1906, he hoarded defendant’s car at the corner of Póydras and Main streets in the city of Dallas for- the purpose of going as a passenger thereon to Central Avenue; that he went aboard said car in company with W. C. Barrett, a friend, who paid his own and plaintiff’s fare, and that he, plaintiff, not having noticed…